UNIVERSITY    OF    NORTH    CAROLINA 


BOOK    CARD 

Please   keep    this  card  in 
book  pocket 


Ul 


I 

_J 


I 


n 


■i. 


THE  LIBRARY  OF  THE 

UNIVERSITY  OF 

NORTH  CAROLINA 


ENDOWED  BY  THE 

DIALECTIC  AND  PHILANTHROPIC 

SOCIETIES 


E18U 

.N3 

L   72 
1863 


UNIVERSITY  OF  N.C  AT  CHAPEL  HILL 


00018261042 


This  book  is  due  at  the  LOU  IS  R.  WILSON  LIBRARY  on  the 
last  date  stamped  under  "Date  Due."  If  not  on  hold  it  may  be 
renewed  by  bringing  it  to  the  library. 

DATE                    RRT 
DIE 

DATE 
DUE 

APR- 2-8  jog 

1 

0  w 

MOU . 

-  * 

SpR  2  %  200 

J 

MAY  %  %  ?nn 

7 

M&Y  0' 

2007 

"^*" 

nnfl 

AUG  2?  t 

DUO 

GARhs-- 

^KAKOc 

O  ft  2P 

MAI 

[■    y    iiw 

^■oy  €>•  ^V\«*,«v^ 


6-8 


I 


AN   HISTORICAL   RESEARCH. 


OPINIONS    OF    THE    FOUNDERS    OF    THE    REPUBLIC 

ON    NEGROES    AS    SLAVES,    AS    CITIZENS, 

AND    AS    SOLDIERS. 


(l  .  i 


O^M. 


AN 


.1*3 

L.73 
(^3 


HISTORICAL    RESEARCH 

RESPECTING    THE 

OPINION?   OF   THE   FOUNDERS   OF   THE   REPUBLIC 

ON   NEGROES  AS   SLAVES,  AS   CITIZENS, 

AND   AS   SOLDIERS. 

nr.AD  BEFORE   TITF.  MASSACHUSETTS   ttlSTOHICAL   SOCIETY, 
August  14,  1862. 


By   CxEORGE   LIVERMORE. 


FOURTH      EDITIOK. 

BOSTON: 
A.    WILLIAMS     AND     COMPANY, 

100.  Washington  Street. 

1863. 


Digitized  by  the  Internet  Archive 

in  2011  with  funding  from 

University  of  North  Carolina  at  Chapel  Hill 


http://www.archive.org/details/historicalresearlive 


MASSACHUSETTS  HISTORICAL  SOCIETY, 
August  Meeting,  1862. 

EXTRACT      F  E  O  M      THE      R  E  C  O  E  D  S. 

A  stated  monthly  meeting  was  held  this  day,  Thursday,  August  14th. 
In  the  absence  of  the  President  (the  Hon.  Eobert  C.  Winthrop), 
Colonel  Thomas  Aspixwall,  one  of  the  Vice-Presidents,  took  the 
chair. 


Mr.  Livermore  communicated  a  paper  (portions  of  which  he  had 
read  at  the  July  meeting)  "On  the  Opinions  of  the  Founders  of  the 
Republic  respecting  Negroes  as  Slaves,  as  Citizens,  and  as  Soldiers." 

Mr.  Norton  moved,  That  the  thanks  of  the  Society  be  presented 
to  Mr.  Livermore,  and  that  a  special  Committee  be  appointed  to  print 
the  paper  at  the  expense  of  the  Society. 

Before  this  motion  was  put,  Mr.  Livermore  remarked,  that  he 
began  his  research  as  an  individual  effort,  intending  to  print  a  few 
copies  only,  for  private  distribution.  He  had  brought  the  subject 
before  the  Society  at  the  July  meeting,  that  he  might  receive  aid  or 
suggestions  from  members  who  were  present.  At  the  request  of  many 
members  of  the  Society  he  had  extended  his  investigations ;  and,  as 
they  desired,  had  now  offered  the  results  of  his  researches.  He  hoped 
he  might  be  permitted  to  carry  out  his  original  purpose  of  printing 
the  paper,  at  his  own  expense,  for  gratuitous  distribution.  He  should, 
if  such  was  the  pleasure  of  the  meeting,  print  it  as  a  paper  read  before 
the  Massachusetts  Historical  Society. 

Mr.  Everett  expressed  the  gratification  with  which  he  had  listened 
to  a  paper  containing  so  much  valuable  information,  and  hoped  that  it 
might  be  printed  in  the  manner  most  agreeable  to  Mr.  Livermore. 


VI  EXTRACT  FROM  THE  RECORDS  OF 

He  suggested  that  the  motion  of  Mr.  Norton  be  so  modified  as  to 
obviate  the  objections  raised  by  Mr.  Livermore.  He  hoped,  if  consistent 
with  his  plan,  that  Mr.  Livermore  would  extend  his  researches  so  as 
to  include  the  services  of  colored  seamen  in  the  American  Navy.  Mr. 
Everett  related  an  anecdote  of  an  aged  slave,  the  last  of  his  class, 
showing  the  mildness  of  slavery  in  Massachusetts  before  its  final 
extinction. 

Mr.  Watebston,  Secretary  pro  tempore  of  the  July  meeting,  said 
he  had  made  known  the  proceedings  of  that  meeting  to  the  venerable 
senior  member  of  the  Society,  the  Hon.  Josiah  Quincy,  who,  though 
unable  at  present  to  attend  the  meetings,  retains  a  deep  interest  in  all 
the  Society's  transactions.  He  had  just  received  from  him  a  letter, 
which  he  begged  leave  to  present  to  the  Society:  — 


"Quincy,  Aug.  9,  1862. 
"Rev.  R.  C.  Wateeston, 

"  Dear  Sir,  —  Your  letter  of  this  date  communicates  to  me  the 
purpose  of  Mr.  Livermore  to  collect  and  publish  documents  on  the 
subject  of  Slavery  and  Negro  Soldiers,  originating  from  the  great  men 
who  were  guides  of  public  affairs  at  the  time  of  the  American  Revo- 
lution. I  should  regard  such  a  publication  as  useful  and  desirable,  and 
I  heartily  wish  Mr.  Livermore  success ;  and  I  shall  be  happy,  according 
to  my  means,  in  aiding  him  in  liis  purpose. 

"  In  respect  to  the  general  subject  of  slavery,  I  apprehend  he  will 
find  very  little  favorable  to  the  institution  among  the  relics  of  the  great 
men  of  that  period. 

"  Disgust  at  it  was  so  general,  as  to  be  little  less  than  universal. 
Among  slaveholders,  the  language  and  hope  of  putting  an  end  to  the 
evil  as  soon  as  possible  was  on  all  their  tongues ;  but,  alas !  it  was  far 
from  being  in  all  their  hearts.  Some  of  the  leaders  saw  the  advantages 
derived  from  it  by  the  unity  and  identity  of  action  and  motive  to  which 
it  tended,  and  its  effect  in  making  five  States  move  in  phalanx  over 
the  Free  States.  They  clung  to  the  institution  for  the  sake  of  power 
over  the  other  States  of  the  Union;  and,  while  they  were  open  in 
decrying  it,  they  were  assiduous  in  promoting  its  interests  and  extending 
its  influence. 

"  By  constantly  declaring  a  detestation  of  slavery,  they  threw  dust 
into  the  eyes  of  the  people  of  the  Free  States  ;  while  they  never  ceased 
to  seize  every  opportunity  to  embarrass  the  measures  which  would 


THE   MASSACHUSETTS   HISTORICAL   SOCIETT.  vii 

advance  the  interests  of  the  Free  States,  and  at  the  same  time  to 
strengthen  and  extend  the  interests  of  the  Slave  States.  We  can  trace 
their  policy  in  history.     We  now  realize  the  result. 

"  With  all  their  pretensions,  the  leading  slaveholders  never  lost  sight, 
for  one  moment,  of  perpetuating  its  existence  and  its  power. 

"  Truly  and  respectfully  yours, 

"Josiah  Qutxcy." 

Mr.  Washburn  spoke  with  interest  of  the  letter  which  had  just 
been  read,  remarkable  as  coming  from  a  gentleman  of  such  experience, 
and  at  so  advanced  a  period  of  life.  He  then  gave  several  historical 
facts  which  had  come  to  his  knowledge  when  writing  his  "  History  of 
Leicester,"  corroborating  the  statement  of  Mr.  Livermore  respecting 
the  common  practice  of  using  negroes  as  soldiers  during  the  war  of  the 
American  Revolution. 

The  vote  thanking  Mr.  Livermore  for  his  paper,  and  committing 
the  manuscript  to  him,  to  be  printed  in  the  manner  most  agreeable  to 
him,  was  unanimously  adopted. 

Richard  FROTHiNGHAsr, 

Secretary  pro  tern. 


NOTE   TO   THE   TfflED   EDITION. 


This  historical  paper  is  reprinted  from  the  volume  of  "Pro- 
ceedings of  the  Massachusetts  Historical  Society"  for  the  year 
1862-63.  It  was  there  printed,  with  a  few  alterations,  from 
the  original  edition  which  had  been  issued  for  private  distribu- 
tion.    These  alterations  are  the  following  :  — 

1.  The  extract  from  the  Message  of  Jefferson  Davis  is 
now  printed  from  the  "National  Intelligencer"  of  7  May, 
1861,  where  it  purports  to  be  printed  in  an  authentic  form. 
In  the  first  edition  there  were  some  errors  and  omissions  in  this 
document,  as  taken  at  second  hand  from  the  "New  Orleans 
Picayune "  of  an  earlier  date. 

2.  The  first  paragraph  on  Dr.  Franklin's  opinions  has  been 
modified  by  the  omission  of  a  statement  found  to  be  not  cor- 
rect.    The  truth  of  what  remains  is  independent  of  it. 

3.  In  speaking  of  the  practice  of  receiving  free  negroes  as 
soldiers  at  the  commencement  of  the  Revolution,  it  was  not 
quite  correct  to  state  so  broadly  that  they  were  "  enrolled  iu 
the  militia."  The  word  "militia"  was  inadvertently  used  as 
synonymous  with  "army."  The  language  of  the  paragraph  has 
been  so  altered  as  to  secure  verbal  accuracy. 

4.  A  sentence  affirming  the  exemption,  in  Massachusetts, 
of  "Scotchmen,"  as  well  as  "negroes,"  from  training  in  1656, 
is  omitted  ;  and  two  or  three  specific  laws  are  cited,  showing  the 
vacillating  policy  which  was  pursued  on  the  subject  of  employ- 
ing negroes  as  soldiers  in  the  early  legislation  of  this  Colony. 

6 


X  NOTE    TO    THE    THIRD    EDITION. 

5.  The  extract  from  Mr.  Sabine's  "  American  Loyalists  "  is 
printed  from  the  author's  copy,  corrected  for  a  second  edition 
of  that  work.  The  only  important  alteration  in  this  extract 
is  the  substitution  of  "other  States"  for  "New  England"  in 
the  passage  relating  to  the  number  of  soldiers  sent  to  the  aid 
of  South  Carolina. 

6.  Oidy  one  important  addition  has  been  made.  Extracts 
are  given  from  the  writings  of  John  Jay,  the  first  Chief  Justice 
of  the  United  States  Supreme  Court,  showing  his  opinions, 
contrasted  with  those  of  Chief  Justice  Taney,  his  latest  suc- 
cessor. 

Since  the  publication  of  the  first  edition,  my  attention  has 
been  directed  to  numerous  facts  and  documents  illustrating  the 
subject,  which  I  have  not  used.  Many  of  these  ought  to  be 
published.  It  was  at  one  time  my  purpose  to  incorporate  them 
in  the  second  edition  of  this  Research ;  but  I  found  that  by 
so  doing  I  should  swell  it  considerably  beyond  the  customary 
limits  allotted  by  the  Historical  Society  to  such  publications.  I 
therefore  reserve  them  for  some  possible  future  use.  If  the 
requisite  leisure  can  be  gained  from  pressing  duties,  perhaps 
these  new  materials  may  hereafter  be  combined  with  those  here 
presented  in  preparing  a  more  elaborate  and  complete  history 
of  the  subject. 

G.  L. 

Dana  Hnx,  Cambridge, 
May,  1863. 


NOTE  TO  THE  FIRST  EDITION. 


In  the  reading  of  the  following  paper  before  the  Massachu- 
setts Historical  Society,  many  of  the  documents  now  printed 
were  necessarily  omitted,  or  but  briefly  alluded  to.  In  order 
to  make  room  for  these  without  unduly  increasing  the  size  of 
this  pamphlet,  some  of  the  remarks  in  the  original  paper  have 
been  left  out.  Though  the  special  object  of  this  research  was 
to  ascertain  the  views  of  the  Founders  of  our  Republic,  it  has 
been  thought  pertinent,  in  relation  to  the  employment  of 
negroes  as  soldiers,  to  present  also  some  evidence  of  the 
opinions  and  practice  of  contemporary  British  officers  in 
America.  Many  appropriate  documents,  equally  illustrative 
of  the  whole  subject,  have  been  passed  by ;  but  it  is  believed 
that  what  are  given  will  suffice  to  show  impartially  the  general 
state  of  public  sentiment  at  the  time  when  our  Government 
was  established. 

G.  L. 

Boston,  October,  1862. 


CONTENTS. 


Preliminary  Remarks 1-2 

I. 

OPINIONS    OF    THE    FOUNDERS    OF    THE    REPUBLIC    RESPECTING 
NEGROES    AS    SLAVES    AND   AS    CITIZENS. 


Introduction,  showing  the  Present  State  of  the  Ques- 
tion    3-14 

Views  of  Mr.  Jefferson  Davis 3 — 4 

Differing  views  of  Mr.  Alexander  H.  Stephens 4 — 5 

Chief-Justice  Taney's  assertions 6 — 7 

Sir.  Justice  McLean's  reply  to  them 7 — 8 

Ground  maintained  by  Mr.  Justice  Curtis S-10 

Judge  Gaston  of  North  Carolina  cited  by  him 8 — 9 

Mr.  George  Bancroft's  comments  on  Cliief-Justice  Taney's  as- 
sertions       10-11 

Mr.  Edward  Everett's  strictures  on  the  views  of  Mr.  Jefferson 

Davis 12-14 


The  Declaration  of  Independence  in  1776    ....     15-25 

Contemporary  opinion  on  slavery,  as  shown  from  the  history  of  the 
Declaration  of  Independence,  15-22. 

Mr.  Jefferson,  16-18.  —  Mr.  Adams,  18-19.  —  Lord  Mahon's  error 
as  to  the  Southern  Colonies,  proved  by  Mr.  Force  from  the  history  of 
the  Continental  Association  of  1774,  19-22. 

Doctrine  of  the  Declaration  of  Independence  re-affirmed  in  the 
Constitutions,  and  acted  upon  in  the  Courts,  of  several  of  the  States 
before  the  adoption  of  the  Federal  Constitution,  22-25. 


XIV  CONTENTS. 

The  Articles  of  Confederation  in  1778 25-26 

Free  negroes  regarded  in  them  as  citizens,  25.  —  Representation  by 
New  Jersey  to  Congress  on  the  subject,  26. 

The  Federal  Convention  and  the  Constitution    .    .     27-62 

Opinions  on  slavery  with  which  some  of  the  framers  of  the  Consti- 
tution came  to  their  work,  27-49.  —  Opinion  of  Washington  before  as 
well  as  after  the  Convention,  28-30 ;  he  sympathizes  with  Lafayette  in 
his  views  of  slavery,  30-32  ;  his  last  will,  32-31.  —  Opinion  of  Frank- 
lin, 31—41.  —  Opinion  of  John  Adams,  41.  —  Mr.  Jefferson's  opinion, 
42-45.  —  Mr.  Jay's  opinion,  46-47.  —  Mr.  Gadsden's  opinion,  48. — 
Mr.  Henry  Laurens's  opinion,  48—49. 

Opinions  of  the  framers  of  the  Constitution  expressed  in  debate  in 
the  Federal  Convention,  49-62.  —  Mr.  Pinckney  of  South  Carolina,  51. 

—  Mr.  Sherman,  51.  —  Mr.  Ellsworth,  51.  —  Mr.  Gouverneur  Morris, 
52^54.  —  Mr.  Rufus  King,  54-55.  —  Mr.  Sherman,  55.  —  Mr.  Luther 
Martin,  55. — Mr.  John  Rutledge,  55. — Mr.  Ellsworth,  55.  — Mr. 
Charles  Pinckney,  56.  —  Mr.  Sherman,  56.  —  Colonel  George  Mason, 
56,  57.  — Mr.  Ellsworth,  57.  — Mr.  Charles  Pinckney,  57.  — Gene- 
ral Charles  Cotesworth  Pinckney,  57,  58.  —  Mr.  Abraham  Baldwin,  58. 

—  Mr.  James  Wilson,  58.  —  Mr.  Gerry,  58.  —  Mr.  Dickinson,  58-59. — 
Mr.  Williamson,  59.  —  Mr.  King,  59.  —  Mr.  Langdon,  59.  —  General 
Pinckney,  59.  —  Mr.  Rutledge,  59.  —  Mr.  Gouverneur  Morris,  59-60. 

—  Mr.  Butler,  Mr.  Sherman,  Mr.  Read,  Mr.  Sherman,  Mr.  Randolph, 
General  Pinckney,  Mr.  Gorham,  60.  —  Messrs.  Madison,  Morris, 
Mason,  Sherman,  Clynier,  Williamson,  Morris,  Dickinson,  61. 

State  Conventions  for  ratifying  the  Constitution    .    62-83 

Debates  in  the  Massachusetts  Convention,  62-68.  —  New-Hamp- 
shire Convention,  68-69.  —  Pennsylvania  Convention,  69-71.  — 
Maryland  Legislature,  71-74.  —  Virginia  Convention,  74-79.  — 
North-Carolina  Convention,  79-81.  —  South-Carolina  Legislature, 
81-83. 

Two  letters  concerning  the  Constitution,  written  in  1788 :  one  by 
Dr.  Ramsay  of  Charleston,  S.  C. ;  and  the  other  by  the  Rev.  Dr;  Hop- 
kins of  Newport,  R.  I.,  83-85. 

Opinion  of  Dr.  Paley,  in  1785,  on  slavery,  and  the  probable  effect 
upon  it  of  "  the  great  Revolution  which  had  taken  place  in  the  West- 
ern World,"  86. 


CONTENTS.  XV 


n. 

OPINIONS    OF    THE    FOUNDERS    OF    THE    F.EPUBLIC    RESPECTING 
NEGROES   AS    SOLDIERS. 

The  practical  importance  of  this  branch  of  the  subject  at  the  pre- 
sent time,  89-90. 

In  Massachusetts,  in  the  earlier  stages  of  the  Revolution,  negroes 
appear  as  acting  with  ■white  citizens  against  the  British,  90-97.  —  The 
"  Boston  Massacre"  and  Crispus  Attucks,  90-92.  — Peter  Salem  fights 
at  the  battle  of  Bunker  Hill,  and  is  commemorated  by  the  artist,  the 
historian,  and  the  orator,  92-95.  —  Petition  of  Colonel  Prescott  and 
other  officers  to  the  General  Court  of  Massachusetts  for  a  reward  to 
another  "negro  man,"  Salem  Poor,  as  "a  braTe  and  gallant  soldier," 
who  "  behaved  like  an  experienced  officer  "  at  Bunker  Hill,  95.  —  Major 
Lawrence  commands  "  a  company,  whose  rank  and  file  are  all  negroes," 
and  who  "  fight  with  the  most  determined  bravery,"  96-97.  —  Free 
negroes,  and  sometimes  slaves,  took  their  place  in  the  ranks  with  white 
men  ;  afterwards,  slaves  must  be  manumitted  before  becoming  soldiers, 
97. 

Opinion  of  the  Rev.  Dr.  Hopkins  in  1776,  on  the  employment  of 
negroes  as  soldiers,  98. 

South  Carolina,  in  1775,  enrols  slaves  in  her  militia  as  "pioneers 
and  laborers,"  99.  —  Belief,  in  South  Carolina  and  Georgia,  that  the 
negroes  would  join  the  British  regular  troops,  100.  —  General  Gates 
forbids  the  recruiting  of  negroes,  101.  —  Southern  delegates  to  Con- 
gress move  in  vain  the  discharge  of  negroes  from  the  army,  101.  —  The 
Committee  of  Conference  determine  to  reject  them  in  the  new  enlist- 
ment, 101,  102. — Washington  afterwards  decides  to  license  the  en- 
listment of  the  free  negroes  who  had  served  faithfully,  102.  —  His 
decision  approved  by  Congress,  103.  —  General  Thomas's  praise  of  the 
negro  soldiers  in  the  Massachusetts  regiments,  103. 

Account  of  Lord  Dunmore's  celebrated  Proclamation  in  Virginia  in 
1775,  and  its  effect,  103-110. — Public  appeal  to  the  negroes  to  stand 
by  their  masters,  106, 107.  —  The  Virginia  Convention  answer  the  Pro- 
clamation, and  declare  pardon  to  slaves  who  had  taken  up  arms,  107, 
108. 

(1776.)  The  British  form  a  negro  regiment  at  Staten  Island,  110. 
—  The  Massachusetts  Legislature  forbid  the  sale  of  negroes  taken 
prisoners  from  the  British,  110,  111. 

(1777.)  Testimony  of  a  Hessian  officer,  that  there  was  "no  regi- 
ment to  be  seen  in  which  there  were  not  negroes  in  abundance,"  111.  — 


XVI  CONTEXTS. 

Capture  of  the  British  Major-General  Prescott  by  Colonel  Barton,  with 
the  help  of  the  negro  man  Prince,  111,  112.  Dr.  Thacher's  account  of 
it,  112,  113. 

(1777.)  Account  of  the  employment  of  negro  soldiers  by  the  State 
of  Connecticut,  113-117. 

(1778.)  Account  of  their  employment  by  the  State  of  Rhode 
Island,  117-124. — Act  for  raising  a  negro  regiment,  118-120.  —  Dis- 
tinguished services  rendered  by  Colonel  Greene's  black  regiment  in  the 
battle  of  Rhode  Island,  123.  —  Chastellux's  account  of  this  regiment  in 
1781,  124.  —  Its  subsequent  heroic  defence  of  Colonel  Greene,  124. 

(1778.)  Action  of  the  State  of  Massachusetts  on  the  subject,  124- 
127. — Precedent  in  her  early  legislation,  negroes  having  been  obliged 
to  train  in  the  militia  with  white  men  in  1652,  124.  —  Proposal  of  Tho- 
mas Kench  to  raise  a  separate  corps  of  negroes  in  the  spring  of  177S, 
125,  126. — Referred  to  a  joint  committee  of  the  General  Court,  to- 
gether with  a  copy  of  the  Rhode-Island  act,  127.  —  Their  report  favor- 
able, embodying  the  draught  of  a  law,  127.  —  The  subject  of  a  separate 
corps  allowed  to  subside,  and  the  usage  continued  of  having  negroes 
"  intermixed  with  white  men,"  127. 

Action  of  the  State  of  Maryland  on  the  subject,  127. 

Action  of  the  State  of  New  York,  127,  128. 

(1779.)  The  employment  of  negroes  as  soldiers  almost  everywhere 
prevailed,  except  in  the  States  of  Georgia  and  South  Carolina,  128. — 
Why  they  were  exceptions,  128.  —  A  vigorous  effort  in  Congress  to 
secure  the  enrolment  of  black  troops  in  those  States,  130,  131.  —  The. 
measure  advocated  by  Colonel  John  Laurens,  and  by  his  father,  Henry 
Laurens,  131.  —  Henry  Laurens's  letter  to  Washington,  131. — Wash- 
ington, in  reply,  suggests  doubts  as  to  the  policy  of  arming  the  slaves 
at  the  South,  unless  the  enemy  set  the  example ;  but  says  he  has  never 
given  much  thought  to  the  subject,  131. 

(1779.)  Alexander  Hamilton  heartily  supports  the  measure,  131. 
—  His  strong  letter  to  John  Jay,  President  of  Congress,  132,  133. — 
Congress  refers  the  matter  to  a  special  committee ;  afterwards  passes 
resolutions,  recommending  to  South  Carolina  and  Georgia  to  raise  a 
force  of  "  three  thousand  able-bodied  negroes " ;  and  commissions 
Colonel  Laurens  to  repair  to  the  South  on  this  business,  133-136.  — He 
writes  to  Washington  that  General  Prevost,  at  Savannah,  is  "  re- 
enforced  by  a  corps  of  blacks,"  136. 

(1779.)  Sir  Henry  Clinton's  Proclamation  in  consequence  of  "  the 
enemy's  having  adopted  a  practice  of  enrolling  negroes  among  their 
troops,"  136. 


CONTENTS.  XV11 

Lord  Cornwallis  issues  a  proclamation,  encouraging  slaves  to  join 
the  British  army,  137.  — Mr.  Jefferson's  account  of  Cornwallis's  cruelty 
to  those  who  joined  his  army,  137,  138. 

(1780.)  General  Lincoln  seconds  Colonel  Laurens  in  urging  the 
government  of  South  Carolina  to  raise  black  troops,  138. — Mr.  Madi- 
son advocates  the  policy  of  "  liberating  and  making  soldiers  at  once  of 
the  blacks  themselves,"  instead  of  "making  them  instruments  for 
enlisting  white  soldiers,"  138,  139. 

(1781.)  General  Greene  writes  to  Washington,  that  in  South  Caro- 
lina "  the  enemy  have  ordered  two  regiments  of  negroes  to  be  imme- 
diately embodied,"  139. 

(1782.)  Colonel  Laurens,  on  his  return  from  France,  renews  his 
efforts  to  induce  South  Carolina  and  Georgia  to  raise  black  troops, 
139,  110. — His  letters  to  Washington  on  the  subject,  and  Washing- 
ton's reply,  139—141. 

(1782.)  Colonel  Humphreys  continued  to  the  end  of  the  war  to  be 
the  nominal  captain  of  a  company  of  colored  infantry,  raised  in  Con- 
necticut by  his  influence  before  he  became  aid-de-camp  to  Washington, 
141. 

(1782.)  Letter  to  Lord  Dunmore  from  Mr.  Cruden,  proposing  a 
plan  for  raising  ten  thousand  black  troops,  142-145.  — Letter  of  Lord 
Dunmore  to  Sir  Henry  Clinton,  approving  the  scheme,  vouching  for 
the  excellence  of  such  troops,  and  declaring  his  perfect  willingness  "to 
hazard  his  reputation  and  person  in  the  execution  of  the  measure,"  145- 
147. 

(1782.)  Lord  Dunmore  writes  to  England,  that  the  raising  of  a 
brigade  of  negroes  was  negatived  by  a  few  voices  in  the  Assembly  of 
South  Carolina,  and  would  probably  be  carried  at  a  future  day,  147, 
148. 

(1782.)  General  Greene  proposes  to  the  Governor  of  South  Caro- 
lina a  plan  for  raising  black  regiments,  148,  149.  —  Judge  Johnson's 
remarks  on  this  plan,  and  on  negroes  as  soldiers,  149,  150.  —  Impor- 
tance of  the  mature  opinions  of  the  preceding  British  and  American 
military  authorities,  150,  151. 

(1783.)  Washington's  scrupulous  regard  for  the  rights  of  his  negro 
soldiers  on  their  leaving  the  service,  151. 

(1783.)  The  State  of  Virginia  passes  an  act  securing  the  freedom 
of  all  slaves  who  had  served  in  the  army,  152,  153. 

(1786.)  Virginia  passes  a  special  act  to  pay  for  and  emancipate  a 
slave  who  had  "faithfully  executed  important  commissions  intrusted 
to  him  by  the  Marquis  Lafayette,"  153. 

c 


XV1U  CONTEXTS. 

Later  testimonies  to  the  competency  of  negroes  to  become  good 
soldiers,  154,  155. —  Dr.  Eustis,  a  surgeon  throughout  the  war  of  the 
Revolution,  154.  —  Charles  Pinckney  of  South  Carolina,  155. 

Concluding  remarks,  155,  156. 


APPENDIX. 

(A.)  Negroes  in  the  Navy 156 

(B.)  Flag  of  a  Negro  Military  Company  in  Boston 162 

(C.)  Negro  Regiments  in  the  State  of  New  York 162 

(D.)  General  Jackson's  Proclamation  to  the  Negroes 164 

(E.)  Negro  Soldiers  under  Monarchical  Governments 167 

(F.)  Omitted  Documents 169 


INDEX 175 


NEGROES   AS   SLAVES   AND   AS   CITIZENS. 


H  We  cannot  put  the  negro  oat.  This  remark  serves  as  a  complete  stopper  to  all  the 
crimination  and  recrimination  so  freely  indulged  in  between  parties  on  the  solemn  point, 
—  which  of  the  two  first  brought  the  negro  in.  Let  them  rest  quiet  hereafter  on  this 
topic.  The  negro  was  in  before  they  began  to  talk  about  him  at  all.  He  will  stay  in, 
whether  they  choose  to  talk  about  him  or  not.  He  will  grow  in  more  and  more,  even 
while  they  are  sleeping.  To  deprecate  the  misfortune  is  as  idle  as  to  complain  of  the 
force  of  the  waters  of  Niagara.  The  subject  is  before  us;  and  it  is  our  duty  to  face 
the  consideration  of  its  proportions  like  statesmen,  and  net  to  imagine,  that,  if  we  will 
only  shut  our  eyes  to  it,  it  is  not  there;  still  less  to  suppose  that  either  lamentation  or 
anger,  agitation  or  silence,  will  in  any  respect  materially  change  the  nature  of  the  great 
problem  which  North  America  is  inevitably  doomed  to  solve.  From  the  decree  of  Divine 
Providence  there  is  no  appeal."  —  Speech  of  the  Hon.  Cliarles  Francis  Adams,  May  31, 
1S60,  in  the  U.  S.  House  of  Representatives. 


-AN 


HISTORICAL     RESEARCH. 


NEGROES   AS    SLAVES   AND   AS   CITIZENS. 

In  this  time  of  our  country's  trial,  when  its  Constitution,  and 
even  its  continued  national  existence,  is  in  peril,  and  the  peo- 
ple are  beginning  to  be  aroused  to  the  magnitude  of  the  work 
to  be  done,  all  other  subjects  dwindle  into  comparative  insig- 
nificance. Loyal  men,  of  every  calling  in  life,  are  laying 
aside  their  chosen  and  accustomed  private  pursuits,  and  de- 
voting themselves,  heart  and  hand,  to  the  common  cause. 
As  true  patriots,  then,  we,  members  of  the  Massachusetts 
Historical  Society,  should  do  something  more  than  comply, 
as  good  citizens,  with  all  the  requirements  of  the  Constitution 
and  the  laws :  we  must  study,  in  the  light  of  history,  and  by 
the  traditions  of  those  who  originally  founded  and  at  first 
administered  the  Government,  the  fundamental  principles  on 
which  it  was  based,  and  the  paramount  objects  for  which  it 
was  established.  Having  done  this,  it  may  not  be  amiss  for 
us  to  offer  the  results  of  our  historical  researches  to  others 
not  having  the  leisure  or  the  opportunity  to  investigate  for 
themselves.  All  partisan  and  personal  prejudice  should  now 
be  abjured,  and  all  sectional  sentiments  and  views  should 
yield  to  the  broad  and  patriotic  purpose  of  ascertaining,  as- 

i 


A  AN   HISTORICAL   RESEARCH. 

serting,  and  doing  our  whole  duty  as  citizens  of  the  United 
States,  desirous  of  restoring  the  Union  to  its  original  com- 
pleteness for  its  true  purpose. 

This  will  not  be  the  first  time  that  our  Society  has  en- 
deavored, from  the  records  of  the  past,  to  throw  light  on  the 
path  of  the  Government  in  the  legislative  and  military  action 
of  the  present.  "We  were  not  long  since  called  together 
specially  to  contribute,  from  an  historical  point  of  view,  our 
aid  in  guiding  public  opinion ;  and  the  publication  of  the 
"  Report  on  the  Exchange  of  Prisoners  during  the  American 
Revolution,"  read  at  that  meeting,  was  warmly  welcomed,  as 
a  timely  and  serviceable  act. 

Although  there  is  a  wide  difference  of  opinion  as  to  the 
cause  of  the  rebellion,  or  rather  as  to  the  persons  on  whom 
rests  the  responsibilit}T  of  having  brought  on  this  terrible 
civil  war,  yet  all  are  agreed,  that,  if  negro  slavery  had  not 
existed  in  this  country,  we  should  now  be  in  a  condition  of 
peace  and  prosperity. 

I  have  thought  that  I  could  not,  at  this  time,  perform  a 
more  useful  duty,  as  a  member  of  the  Society,  than  by  pre- 
paring a  documentary  paper  of  carefully  edited  authorities, 
relating  to  Negroes  as  slaves,  as  citizens,  and  as  soldiers,  —  in 
order  to  show  what  were  the  principles  and  the  practice  of 
the  Founders  of  the  Republic,  and  thus  to  ascertain  who 
have  been  unfaithful  to  the  "  compromises  of  the  Constitu- 
tion," and  to  the  principles  upon  which  the  Union  was  based, 
and  for  which  the  Government  was  established. 

In  doing  this,  I  shall  endeavor  to  act  simply  as  an  histori- 
cal inquirer,  without  any  attempt  to  enforce  sentiments  or 
theories  of  my  own.  It  is  my  purpose  to  present  the  simple 
records  of  the  opinion  and  action  of  persons  who  have  ac- 
knowledged claims  to  be  considered  as  authorities. 

As  an  appropriate  introduction  to  the  task  I  have  proposed 
to  myself,  of  producing  some  of  the  recorded  opinions  of 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  3 

those  who  were  eminently  the  Founders  of  the  Republic,  I  pro- 
ceed to  set  forth,  by  authentic  citations,  the  modern  doctrine 
which  has  given  occasion  for  this  research,  and  also  some  of 
the  most  important  refutations  of  that  doctrine  which  have  yet 
appeared.  These,  taken  together,  will  exhibit  the  present 
state  of  the  great  question  as  to  its  first  two  branches; 
namely,  the  opinions  held  in  relation  to  negroes  as  slaves  and 
as  citizens  before,  during,  and  some  time  after,  the  formation 
of  the  Government  of  the  United  States. 

It  is  a  noticeable  fact,  that,  while  the  Southern  leaders  of 
the  rebellion  uniformly  denounce  the  North  for  having  denied 
to  them  their  guarantied  rights  under  the  Constitution,  they 
are  widely  at  variance  when  they  come  to  specify  their  griev- 
ances. 

Mr.  Jefferson  Davis,  on  the  29th  of  April,  1861,  in  his 
Message,  says :  — 

"  When  the  several  States  delegated  certain  powers  to  the  United-  Jefferson 
States  Congress,  a  large  portion  of  the  laboring  population  consisted  avls- 
of  African  slaves,  imported  into  the  colonies  by  the  mother-country. 
In  twelve  out  of  the  thirteen  States,  negro  slavery  existed ;  and  the 
right  of  property  in  slaves  was  protected  by  law.  This  property  was 
recognized  in  the  Constitution  ;  and  provision  was  made  against  its 
loss  by  the  escape  of  the  slave. 

;'  The  increase  in  the  number  of  slaves  by  further  importation  from 
Africa  was  also  secured  by  a  clause  forbidding  Congress  to  prohibit 
the  slave-trade  anterior  to  a  certain  date  ;  and  in  no  clause  can  there 
be  found  any  delegation  of  power  to  the  Congress,  authorizing  it  in 
any  manner  to  legislate  to  the  prejudice,  detriment,  or  discouragement 
of  the  owners  of  that  species  of  property,  or  excluding  it  from  the 
protection  of  the  Government. 

"  The  climate  and  soil  of  the  Northern  States  soon  proved  unpro- 
pitious  to  the  continuance  of  slave-labor  ;  whilst  the  converse  was  the 
case  at  the  South.  Under  the  unrestricted  free  intercourse  between 
the  two  sections,  the  Northern  States  consulted  their  own  interest,  by 
selling  their  slaves  to  the  South,  and  prohibiting  slavery  within  their 
limits.  The  South  were  willing  purchasers  of  a  property  suitable  to 
their  wants,  and  paid  the  price  of  the  acquisition  without  harboring  a 


4  AN   HISTORICAL   RESEARCH. 

Jefferson  suspicion  that  their  quiet  possession  was  to  be  disturbed  by  those  who 
were  inhibited  not  only  by  want  of  constitutional  authority,  but  by 
good  faith  as  vendors,  from  disquieting  a  title  emanating  from  them- 
selves. 

"As  soon,  however,  as  the  Northern  States  that  prohibited  African 
slavery  within  their  limits  had  reached  a  number  sufficient  to  give 
their  representation  a  controlling  voice  in  the  Congress,  a  persistent  and 
organized  system  of  hostile  measures  against  the  rights  of  the  owners 
of  slaves  in  the  Southern  States  was  inaugurated,  and  gradually  ex- 
tended. A  continuous  series  of  measures  was  devised  and  prosecuted 
for  the  purpose  of  rendering  insecure  the  tenure  of  property  in  slaves. 

"  With  interests  of  such  overwhelming  magnitude  imperilled,  the 
people  of  the  Southern  States  were  driven  by  the  conduct  of  the  North 
to  the  adoption  of  some  course  of  action  to  avoid  the  danger  with 
which  they  were  openly  menaced.  TVith  this  view,  the  Legislatures  of 
the  several  States  invited  the  people  to  select  delegates  to  Conventions 
to  be  held  for  the  purpose  of  determining  for  themselves  what  meas- 
ures were  best  adapted  to  meet  so  alarming  a  crisis  in  their  history." 
—  National  Intelligencer,  Tuesday,  7  Hay,  1861. 

It  is  not  necessary  for  us  to  go  out  of  the  so-called 
Southern  Confederacy,  nor  far  from  the  presence  of  its  pre- 
tended President,  to  refute  this  accusation  of  change  iu 
principle  or  in  policy  on  the  part  of  the  North. 

The  associate  of  Mr.  Davis,  Mr.  Alexander  H.  Stephens 
(Vice-President,  as  he  is  called,)  thus  frankly  avows  his  sen- 
timents in  a  speech,  delivered  at  Savannah  on  the  21st  of 
March,  1861:  — 

..      TT  "The  new  Constitution  has  put  at  rest  for  ever  all  the  agitating 

Stephens,  questions  relating  to  our  peculiar  institutions,  —  African  slavery  as  it 
exists  amongst  us,  the  proper  status  of  the  negro  in  our  form  of  civiliza- 
tion. This  ivas  the  immediate  cause  of  the  late  rupture  and  present  revo- 
lution. Jefferson,  in  his  forecast,  had  anticipated  this,  as  the  '  rock 
upon  which  the  old  Union  would  split,'  He  was  right,  AVliat  was 
conjecture  with  him  is  now  a  realized  fact.  But  whether  he  fully  com- 
prehended the  great  truth  upon  which  that  great  rock  stood  acd  stands, 
may  be  doubted.  The  prevailing  ideas  entertained  by  him  and  most  of 
the  leading  statesmen  at  the  time  of  the  formation  of  the  old  Constitu- 


NEGROES    AS    SLAVES    AND    AS    CITIZENS.  5 

Hon,  were,  that  the  enslavement  of  the  African  was  in  violation  of  the  Alex.  H. 
laws  of  nature  ;  that  it  was  wrong  in  principle,  socially,  morally,  and 
political!}/.  It  was  an  evil  they  knew  not  well  how  to  deal  with  ;  but 
the  general  opinion  of  the  men  of  that  day  was,  that,  somehow  or 
other  iu  the  order  of  Providence,  the  institution  would  be  evanescent, 
and  pass  away.  This  idea,  though  not  incorporated  in  the  Constitu- 
tion, was  the  prevailing  idea  at  the  time.  The  Constitution,  it  is  true, 
secured  every  essential  guarantee  to  the  institution  while  it  should 
last ;  and  hence  no  argument  can  be  justly  used  against  the  constitu- 
tional guarantees  thus  secured,  because  of  the  common  sentiment  of 
the  day.  Those  ideas,  hoivever,  were  fundamentally  ivrong.  They 
rested  upon  the  assumption  of  the  equality  of  races.  This  was  an  error. 
It  was  a  sandy  foundation  ;  and  the  idea  of  a  government  built  upon 
it,  — when  the  '  storm  came  and  the  wind  blew,  it  fell.' 

"  Our  new  government  is  founded  upon  exactly  the  opposite  ideas. 
Its  foundations  are  laid,  its  corner-stone  rests,  upon  the  great  truth,  that 
the  negro  is  not  equal  to  the  white  man;  that  slavery,  subordination 
to  the  sujjerior  race,  is  his  natural  and  normal  condition.  Tliis,  our 
new  government,  is  the  first,  in  the  history  of  the  ivorld,  based  upon 
this  great  physical,  philosophical,  and  moral  truth.  This  truth  has 
been  slow  in  the  process  of  its  development,  like  all  other  truths 
in  the  various  departments  of  science.  It  has  been  so  even  amongst 
us.  Man}'  who  hear  me,  perhaps,  can  recollect  well  that  this  truth 
was  not  generally  admitted,  even  within  their  day."  —  National  In- 
telligencer, Tuesday,  2  April,  1861. 

This  ought  to  be  sufficient  to  put  at  rest  for  ever  the  accu- 
sation of  change  of  opinion,  and  of  unfaithfulness  to  the 
original  compromises  of  the  Constitution  and  to  the  spirit  of 
the  founders  of  our  Government.  But  it  is  a  lamentable  fact, 
that  there  are  not  wanting  amongst  us  men,  claiming  to  be 
friends  of  tbe  Union  and  the  Constitution,  who  yet,  through 
ignorance  or  recklessness,  continue  to  violate  the  truth  of 
history  on  this  subject. 

Without  referring  more  particularly  to  political  writers 
and  speakers  of  this  class,  I  would  call  attention  to  the 
well-known  words  of  the  Chief-Justice  of  the  United-States 
Supreme  Court,  in  the  celebrated  case  of  Dred  Scott,  at  the 
December  Term,  185G. 


O  AN   HISTORICAL   RESEARCH. 

Judge  Taney's  language  is  as  follows  :  — 

Chief-Jus-  "  Can  a  negro,  whose  ancestors  were  imported  into  this  country  and 
'  sold  as  slaves,  become  a  member  of  the  political  community  formed 
and  brought  into  existence  by  the  Constitution  of  the  United  States, 
and  as  such  become  entitled  to  all  the  rights,  and  privileges,  and  im- 
munities guarantied  by  that  instrument  to  the  citizen  ?  One  of  which 
rights  is  the  privilege  of  suing  in  a  court  of  the  United  States  in  the 
cases  specified  in  the  Constitution. 

"  The  question  before  us  is,  whether  the  class  of  persons  described 
in  the  plea  in  abatement  compose  a  portion  of  this  people,  and  are 
constituent  members  of  this  sovereignty  ?  "We  think  they  are  not, 
and  that  they  are  not  included,  and  were  not  intended  to  be  included, 
under  the  word  '  citizen '  in  the  Constitution,  and  can  therefore  claim 
none  of  the  rights  and  privileges  which  that  instrument  provides  for 
and  secures  to  citizens  of  the  United  States.  On  the  contrary,  they 
were  at  that  time  considered  as  a  subordinate  and  inferior  class  of 
beings,  who  had  been  subjugated  by  the  dominant  race,  and,  whether 
emancipated  or  not,  yet  remained  subject  to  their  authority,  and  had 
no  rights  or  privileges  but  such  as  those  who  held  the  power  and  the 
Government  might  choose  to  grant  them. 

"  They  had  for  more  than  a  century  before  been  regarded  as  be- 
ings of  an  inferior  order,  and  altogether  unfit  to  associate  with  the 
white  race,  either  in  social  or  political  relations  ;  and  so  far  inferior, 
that  they  had  no  rights  which  the  white  man  was  bound  to  respect; 
and  that  the  negro  might  justly  and  lawfully  be  reduced  to  slavery  for 
his  benefit.  He  was  bought  and  sold,  and  treated  as  an  ordinary 
article  of  merchandise  and  traffic,  whenever  a  profit  could  be  made 
by  it.  This  opinion  was  at  that  time  fixed  and  universal  in  the  civi- 
lized portion  of  the  white  race.  It  was  regarded  as  an  axiom  in 
morals  as  well  as  in  politics,  which  no  one  thought  of  disputing,  or 
supposed  to  be  open  to  dispute  ;  and  men,  in  every  grade  and  position 
in  society,  daily  and  habitually  acted  upon  it  in  their  private  pursuits, 
as  well  as  in  matters  of  public  concern,  without  doubting  for  a  mo- 
ment the  correctness  of  this  opinion. " — Howard's  Reports,  vol.  xix. 
pp.  403-405,  407. 

This  remarkable  assertion  is  in  direct  violation  of  historic 
truth.     It  shocked  the  moral  sentiment  of  our  own  commu- 


NEGROES   AS   SLAVES   AND    AS   CITIZENS.  7 

nity,  and  excited  the  indignant  rebuke  of  some  of  the  most 
eminent  Jurists  and  Statesmen  of  Europe,  who  declared  the 
sentiments  to  be  "  so  execrable  as  to  he  almost  incredible."  It 
was  promptly  met  and  answered  by  Judge  McLean  of  Ohio, 
and  Judge  Curtis  of  Massachusetts,  Associate  Justices  of  the 
United-States  Supreme  Court. 

Mr.  Justice  McLean,  in  his  elaborate  opinion,  says :  — 

"  Slavery  is  emphatically  a  State  institution.  In  the  ninth  section  Judge 
of  the  first  article  of  the  Constitution,  it  is  provided  '  that  the  migra- 
tion or  importation  of  such  persons  as  any  of  the  States  now  existing 
shall  think  proper  to  admit,  shall  not  be  prohibited  by  the  Congress 
prior  to  the  year  1808  ;  but  a  tax,  or  duty,  may  be  imposed  on  such 
importation,  not  exceeding  ten  dollars  for  each  person.' 

"  In  the  Convention,  it  was  proposed  by  a  committee  of  eleven  to 
limit  the  importation  of  slaves  to  the  year  1800,  when  Mr.  Pinckney 
moved  to  extend  the  time  to  the  year  1808.  This  motion  was  carried, 
—  New  Hampshire,  Massachusetts,  Connecticut,  Maryland,  North 
Carolina,  South  Carolina,  and  Georgia  voting  in  the  affirmative  ;  and 
New  Jersey,  Pennsylvania,  and  Virginia,  in  the  negative.  In  opposi- 
tion to  the  motion,  Mr.  Madison  said  :  '  Twenty  years  will  produce  all 
the  mischief  that  can  be  apprehended  from  the  liberty  to  import  slaves. 
So  long  a  term  will  be  more  dishonorable  to  the  American  character 
than  to  say  nothing  about  it  in  the  Constitution.'     (Madison  Papers.) 

"  We  need  not  refer  to  the  mercenary  spirit  which  introduced  the 
infamous  traffic  in  slaves,  to  show  the  degradation  of  negro  slavery  in 
our  country.  This  system  was  imposed  upon  our  colonial  settlements 
by  the  mother  country ;  and  it  is  due  to  truth  to  say,  that  the  com- 
mercial colonies  and  States  were  chiefly  engaged  in  the  traffic.  But 
we  know  as  a  historical  fact,  that  James  Madison,  that  great  and  good 
man,  a  leading  member  in  the  Federal  Convention,  was  solicitous  to 
guard  the  language  of  that  instrument  so  as  not  to  convey  the  idea 
that  there  could  be  property  in  man. 

"  I  prefer  the  lights  of  Madison,  Hamilton,  and  Jay,  as  a  means 
of  construing  the  Constitution  in  all  its  bearings,  rather  than  to  look 
behind  that  period  into  a  traffic  which  is  now  declared  to  be  piracy, 
and  punished  with  death  by  Christian  nations.  I  do  not  like  to  draw 
the  sources  of  our  domestic  relations  from  so  dark  a  ground.     Our 


8 


AN   HISTORICAL    RESEARCH. 


Judge 
McLean. 


independence  was  a  great  epoch  in  the  history  of  freedom ;  and  while 
I  admit  the  Government  was  not  made  especially  for  the  colored  race, 
yet  many  of  them  were  citizens  of  the  New-England  States,  and 
exercised  the  rights  of  suffrage,  when  the  Constitution  was  adopted ; 
and  it  was  not  doubted  by  any  intelligent  person,  that  its  tendencies 
would  greatly  ameliorate  their  condition. 

"  Many  of  the  States,  on  the  adoption  of  the  Constitution,  or  shortly 
afterward,  took  measures  to  abolish  slavery  within  their  respective 
jurisdictions  ;  and  it  is  a  well-known  fact,  that  a  belief  was  cherished 
by  the  leading  men,  South  as  well  as  North,  that  the  institution  of 
slavery  would  gradually  decline,  until  it  would  become  extinct.  The 
increased  value  of  slave  labor,  in  the  culture  of  cotton  and  sugar,  pre- 
vented the  realization  of  this  expectation.  Like  all  other  communities 
and  States,  the  South  were  influenced  by  what  they  considered  to  be 
their  own  interests. 

"  But,  if  we  arc  to  turn  our  attention  to  the  dark  ages  of  the  world, 
why  confine  our  view  to  colored  slavery  ?  On  the  same  principles, 
white  men  were  made  slaves.  All  slavery  has  its  origin  in  power, 
and  is  against  right."  —  Howard's  Beports,  vol.  xix.  pp.  53G-538. 


Judge 
Curtis. 


The  following  is  a  part  of  the  conclusive  dissenting  opin- 
ion of  Mr.  Justice  Curtis :  — 

"  To  determine  whether  any  free  persons,  descended  from  Africans 
held  in  slavery,  were  citizens  of  the  United  States  under  the  Confede- 
ration, and  consequently  at  the  time  of  the  adoption  of  the  Constitu- 
tion of  the  United  States,  it  is  only  necessary  to  know  whether  any 
such  persons  were  citizens  of  either  of  the  States  under  the  Confedera- 
tion, at  the  time  of  the  adoption  of  the  Constitution. 

"  Of  this  there  can  be  no  doubt.  At  the  time  of  the  ratification  of 
the  Articles  of  Confederation,  all  free  native-bom  inhabitants  of  the 
States  of  New  Hampshire,  Massachusetts,  New  York,  New  Jersey, 
and  North  Carolina,  though  descended  from  African  slaves,  were  not 
only  citizens  of  those  States,  but  such  of  them  as  had  the  other 
necessary  qualifications  possessed  the  franchise  of  electors,  on  equal 
terms  with  other  citizens. 

"  The  Supreme  Court  of  North  Carolina,  in  the  case  of  the  State 
vs.  Manuel  (4  Dev.  and  Bat.,  20),  has  declared  the  law  of  that  State  on 
this  subject,  in  terms  which  I  believe  to  be  as  sound  law  in  the  other 
States  I  have  enumerated,  as  it  was  in  North  Carolina. 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  9 

"  '  According  to  the  law?  of  this  State,'  says  Judge  Gaston,  in  de-  Judge 
livering  the  opinion  of  the  court,  '  all  human  beings  within  it,  who  are  cited. 
not  slaves,  fall  within  one  of  two  classes.  Whatever  distinctions  may- 
have  existed  in  the  Roman  laws  between  citizens  and  free  inhabitants, 
they  are  unknown  to  our  institutions.  Before  our  Revolution,  all  free 
persons  born  within  the  dominions  of  the  King  of  Great  Britain,  what- 
ever their  color  or  complexion,  were  native-born  British  subjects, — 
those  born  out  of  his  allegiance  were  aliens.  Slavery  did  not  exist  in 
England,  but  it  did  in  the  British  colonies.  Slaves  were  not  in  legal 
parlance  persons,  but  property.  The  moment  the  incapacity,  the  dis- 
qualification of  slavery,  was  removed,  they  became  persons  ;  and  were 
then  either  British  subjects,  or  not  British  subjects,  according  as  they 
were  or  were  not  born  within  the  allegiance  of  the  British  King. 
Upon  the  Revolution,  no  other  change  took  place  in  the  laws  of  North 
Carolina  than  was  consequent  on  the  transition  from  a  colony  depend- 
ent on  a  European  King,  to  a  free  and  sovereign  State.  Slaves 
remained  slaves.  British  subjects  in  North  Carolina  became  North 
Carolina  freemen.  Foreigners,  until  made  members  of  the  State, 
remained  aliens.  Slaves,  manumitted  here,  became  freemen ;  and 
therefore,  if  born  within  North  Carolina,  are  citizens  of  North  Caro- 
lina ;  and  all  free  persons  born  within  the  State  are  born  citizens  of 
the  State.  The  Constitution  extended  the  elective  franchise  to  every 
freeman  who  had  arrived  at  the  age  of  twenty-one,  and  paid  a  public 
tax ;  and  it  is  a  matter  of  universal  notoriety,  that,  under  it,  free  per- 
sons, without  regard  to  color,  claimed  and  exercised  the  franchise, 
until  it  was  taken  from  free  men  of  color  a  few  years  since  by  our 
amended  Constitution.' 

"  It  has  been  often  asserted,  that  the  Constitution  was  made  ex-  Judge 
clusively  by  and  for  the  white  race.  It  has  already  been  shown,  that, 
in  five  of  the  thirteen  original  States,  colored  persons  then  possessed 
the  elective  franchise,  and  were  among  those  by  whom  the  Constitu- 
tion was  ordained  and  established.  If  so,  it  is  not  true,  in  point  of 
fact,  that  the  Constitution  was  made  exclusively  by  the  white  race. 
And  that  it  was  made  exclusively  for  the  white  race  is,  in  my  opinion, 
not  only  an  assumption  not  warranted  by  any  thing  in  the  Constitution, 
but  contradicted  by  its  opening  declaration,  that  it  was  ordained  and 
established  by  the  people  of  the  United  States,  for  themselves  and  their 
posterity.  And,  as  free  colored  persons  were  then  citizens  of  at  least 
five  States,  and  so  in  every  sense  part  of  the  people  of  the  United 

2 


10  AN   HISTORICAL   RESEARCH. 

States,  they  were  among  those  for  whom  and  whose  posterity  the 
Constitution  was  ordained  and  established/' — Howard's  Reports,  vol. 
six.  pp.  572,  573,  582. 

The  Hon.  George  Bancroft,  in  his  "  Oration  before  the 
Mayor,  Common  Council,  and  Citizens  of  New  York,  on  the 
22d  of  February,  18C2,"  alluding  to  the  opinion  of  Judge 
Taney,  notwithstanding  his  affinities  with  the  political  party 
through  which  the  Chief-Justice  was  raised  to  his  high  sta- 
tion, thus  speaks :  — 

George  «  During  all  these  convulsions,  the  United  States  stood  unchanged, 

admitting  none  but  the  slightest  modifications  in  its  charter,  and  prov- 
ing itself  the  most  stable  government  of  the  civilized  world.  But  at 
last  '  we  have  fallen  on  evil  days.'  '  The  propitious  smiles  of  Heaven,' 
such  are  the  words  of  Washington,  '  can  never  be  expected  on  a  na- 
tion that  disregards  the  eternal  rules  of  order  and  right.'  During 
eleven  years  of  perverse  government,  those  rules  were  disregarded ; 
and  it  came  to  pass  that  men  who  should  finnly  avow  the  sentiments 
of  Washington,  and  Jefferson,  and  Franklin,  and  Chancellor  Living- 
ston, were  disfranchised  for  the  public  service  ;  that  the  spotless  Chief- 
Justice  whom  Washington  placed  at  the  head  of  our  Supreme  Court 
could  by  no  possibility  have  been  nominated  for  that  office,  or  con- 
firmed. Nay,  the  corrupt  influence  invaded  even  the  very  home  of 
justice.  The  final  decree  of  the  Supreme  Court,  in  its  decision  on  a 
particular  case,  must  be  respected  and  obeyed  :  the  present  Chief-Jus- 
tice has,  on  one  memorable  appeal,  accompanied  his  decision  with  an 
impassioned  declamation,  wherein,  with  profound  immorality,  which 
no  one  has  as  yet  fully  laid  bare,  treating  the  people  of  the  United 
States  as  a  shrew  to  be  tamed  by  an  open  scorn  of  the  facts  of  history, 
with  a  dreary  industry  collecting  cases  where  justice  may  have  slum- 
bered or  weakness  been  oppressed,  compensating  for  want  of  evidence 
by  confidence  of  assertion,  with  a  partiality  that  would  have  disgraced 
an  advocate  neglecting  humane  decisions  of  colonial  courts  and  the 
enduring  memorials  of  colonial  statute-books,  in  his  party  zeal  to 
prove  that  the  fathers  of  our  country  held  the  negro  to  have  '  no.  rights 
which  the  white  man  was  bound  to  respect,'  he  has  not  only  denied 
the  rights  of  man  and  the  liberties  of  mankind,  but  has  not  left  a  foot- 
hold for  the  liberty  of  the  white  man  to  rest  upon. 

"  That  ill-starred  disquisition  is  the  starting-point  of  this  rebellion, 


NEGROES   AS   SLATES   AND   AS   CITIZENS.  11 

which,  for  a  quarter  of  a  century,  had  been  vainly  preparing  to  raise  George 
its  head.  '  When  courts  of  justice  fail,  war  begins.'  The  so-called 
opinion  of  Taney,  who,  I  trust,  did  not  intend  to  hang  out  the  flag  of 
disunion,  that  rash  offence  to  the  conscious  memory  of  the  millions, 
upheaved  our  country  with  the  excitement  which  swept  over  those  of 
us  who  vainly  hoped  to  preserve  a  strong  and  sufficient  though  narrow 
isthmus  that  might  stand  between  the  conflicting  floods.  No  nation 
can  adopt  that  judgment  as  its  rule,  and  live :  the  judgment  has  in  it 
no  element  of  political  vitality.  I  will  not  say  it  is  an  invocation  of  the 
dead  past :  there  never  was  a  past  that  accepted  such  opinions.  If  we 
want  the  opinions  received  in  the  days  when  our  Constitution  was 
framed,  we  will  not  take  them  second-hand  from  our  Chief-Justice  : 
we  will  let  the  men  of  that  day  speak  for  themselves.  How  will  our 
American  magistrate  sink,  when  arraigned,  as  he  will  be,  before  the 
tribunal  of  humanity !  How  terrible  will  be  the  verdict  against  him, 
when  he  is  put  iu  comparison  with  "Washington's  political  teacher,  the 
great  Montesquieu,  the  enlightened  magistrate  of  France,  in  what  are 
esteemed  the  worst  days  of  her  monarchy !  The  argument  from  the 
difference  of  race  which  Taney  thrusts  forward  with  passionate  con- 
fidence, as  a  proof  of  complete  disqualification,  is  brought  forward  by 
Moutesquieu  as  a  scathing  satire  on  all  the  brood  of  despots  who  were 
supposed  to  uphold  slavery  as  tolerable  in  itself.  The  rights  of  man- 
kind —  that  precious  word  which  had  no  equivalent  in  the  language 
of  Hindostan,  or  Judrea,  or  Greece,  or  Rome,  or  any  ante-Christian 
tongue  —  found  their  supporter  in  Washington  and  Hamilton,  in 
Franklin  and  Livingston,  in  Otis,  George  Mason,  and  Gadsden  ;  in  all 
the  greatest  men  of  our  early  history.  The  one  rule  from  which  the 
makers  of  our  first  Confederacy,  and  then  of  our  national  Constitution, 
never  swerved,  is  this :  to  fix  no  constitutional  disability  on  any  one. 
Whatever  might  stand  in  the  way  of  any  man,  from  opinion,  ancestry, 
weakness  of  mind,  inferiority  or  inconvenience  of  any  kind,  was  itself 
not  formed  into  a  permanent  disfranchisement.  The  Constitution  of 
the  United  States  was  made  under  the  recognized  influence  of  '  the 
eternal  rule  of  order  and  right' ;  so  that,  as  far  as  its  jurisdiction  ex- 
tends, it  raised  at  once  the  numerous  class  who  had  been  chattels  into 
the  condition  of  persons  :  it  neither  originates  nor  perpetuates  in- 
equality."— Pulpit  and  Rostrum,  18G2,  pp.  104-107. 

In  refutation  of  the  common  charge,  that  the  North  has 
changed  its  position  on  the  subject  of  slavery,  I  cannot  for- 


Everett. 


12  AX   HISTORICAL   RESEARCH. 

bear*  adding  an  extract  from  the  "  Address  of  the  Hon.  Ed- 
ward Everett,  delivered  in  New  York,  on  the  4th  of  Jury, 
18G1."  In  his  own  matchless  manner,  Mr.  Everett  thus  dis- 
poses of  the  whole  matter  :  — 

Fdward  "  The  Southern  theory  assumes,  that,  at  the  time  of  the  adoption 

of  the  Constitution,  the  same  antagonism  prevailed  as  now  between 
the  North  and  South,  on  the  general  subject  of  slavery ;  that  although 
it  existed,  to  some  extent,  in  all  the  States  but  one  of  the  Union,  it 
was  a  feeble  and  declining  interest  at  the  North,  and  mainly  seated 
at  the  South  ;  that  the  soil  and  climate  of  the  North  were  soon  found 
to  be  unpropitious  to  slave  labor,  while  the  reverse  was  the  case  at  the 
South ;  that  the  Northern  States,  in  consequence,  having  from  inter- 
ested motives  abolished  slavery,  sold  their  slaves  to  the  South ;  and 
that  then,  although  the  existence  of  slavery  was  recognized,  ami  its 
protection  guarantied,  by  the  Constitution,  as  soon  as  the  Northern 
States  had  acquired  a  controlling  voice  in  Congress,  a  persistent  and 
organized  system  of  hostile  measures  against  the  rights  of  the  owners 
of  slaves  in  the  Southern  States  was  inaugurated,  and  gradually 
extended,  in  violation  of  the  compromises  of  the  Constitution,  as  well 
as  of  the  honor  and  good  faith  tacitly  pledged  to  the  South  by  the 
manner  in  which  the  North  disposed  of  her  slaves. 

"  Such,  in  substance,  is  the  statement  of  Mr.  Davis,  in  his  late 
message  ;  and  he  then  proceeds,  seemingly  as  if  rehearsing  the  acts  of 
this  Northern  majority  in  Congress,  to  refer  to  the  anti-slavery  mea- 
sures of  the  State  Legislatures,  to  the  resolutions  of  abolition  societies, 
to  the  passionate  appeals  of  the  party  press,  and  to  the  acts  of  lawless 
individuals,  during  the  progress  of  this  unhappy  agitation. 

"Now,  this  entire  view  of  the  subject,  with  whatever  boldness  it  is 
affirmed,  and  with  whatever  persistency  it  is  repeated,  is  destitute  of 
foundation.  It  is  demonstrably  at  war  with  the  truth  of  history,  and 
is  contradicted  by  facts  known  to  those  now  on  the  stage,  or  which 
are  matters  of  recent  record.  At  the  time  of  the  adoption  of  the  Con- 
stitution, and  long  afterwards,  there  was,  generally  speaking,  no 
sectional  difference  of  opinion  between  North  and  South  on  the  sub- 
ject of  slavery.  It  was  in  both  parts  of  the  country  regarded,  in  the 
established  formula  of  the  day,  as  '  a  social,  political,  and  moral  evil.' 
The  general  feeling  in  favor  of  universal  liberty  and  the  rights  of 
man,  wrought  into  fervor  in  the  progress  of  the  Revolution,  naturally 
strengthened  the  anti-slavery  sentiment  throughout  the  Union.     It  is 


NEGROES   AS  SLAVES   AND   AS   CITIZENS.  13 

the  Soutlt  which  has  since  changed,  not  the  Kortli.  The  theory  of  a  Edwnrd 
change  in  the  Northern  mind,  growing  out  of  a  discovery  made 
soon  after  1789,  that  our  soil  and  climate  were  unpropitious  to 
slavery  (as  if  the  soil  and  climate  then  were  different  from  what 
they  had  always  been),  and  a  consequent  sale  to  the  South  of  the 
slaves  of  the  North,  is  purely  mythical,  —  as  groundless  in  fact  as 
it  is  absurd  in  statement.  I  have  often  asked  for  the  evidence  of  this 
last  allegation,  and  I  have  never  found  an  individual  who  attempted 
even  to  prove  it.  But  however  this  may  be,  the  South  at  that  time 
regarded  slavery  as  an  evil,  though  a  necessary  one,  and  habitually 
spoke  of  it  in  that  light.  Its  continued  existence  was  supposed  to 
depend  on  keeping  up  the  African  slave-trade  ;  and  South  as  well  as 
North,  Virginia  as  well  as  Massachusetts,  passed  laws  to  prohibit  that 
traffic :  they  were,  however,  before  the  Revolution,  vetoed  by  the 
Royal  Governors.  One  of  the  first  acts  of  the  Continental  Congress, 
unanimously  subscribed  by  its  members,  was  an  agreement  neither  to 
import,  nor  purchase  any  slave  imported,  after  the  first  of  December, 
1774.  In  the  Declaration  of  Independence,  as  originally  draughted 
by  Mr.  Jefferson,  both  slavery  and  the  slave-trade  were  denounced  in 
the  most  uncompromising  language.  In  1777,  the  traffic  was  forbid- 
den in  Virginia,  by  State  law,  do  longer  subject  to  the  veto  of  Royal 
Governors.  In  1784,  an  ordinance  was  reported  by  Mr.  Jefferson  to 
the  old  Congress,  providing  that  after  1800  there  should  be  no  slavery 
in  any  Territory  ceded  or  to  be  ceded  to  the  United  States.  The 
ordinance  failed  at  that  time  to  be  enacted  ;  but  the  same  prohibition 
formed  a  part,  by  general  consent,  of  the  ordinance  of  1787  for  the 
organization  of  the  North-western  Territory.  In  his  '  Notes  on  Vir- 
ginia,' published  in  that  year,  Mr.  Jefferson  depicted  the  evils  of 
slavery  in  terms  of  fearful  import.  In  the  same  year,  the  Constitution 
was  framed.  It  recognized  the  existence  of  slavery  ;  but  the  word 
was  carefully  excluded  from  the  instrument,  and  Congress  was 
authorized  to  abolish  the  traffic  in  twenty  years.  In  179G,  Mr.  St. 
George  Tucker,  law-professor  in  William  and  Mary  College,  in  Vir- 
ginia, published  a  treatise  entitled  'A  Dissertation  on  Slavery,  with  a 
Proposal  for  the  Gradual  Abolition  of  it  in  the  State  of  Virginia.' 
In  the  preface  to  the  essay,  he  speaks  of  the  '  abolition  of  slavery  in 
this  State  as  an  object  of  the  first  importance,  not  only  to  our  moral 
character  and  domestic  peace,  but  even  to  our  political  salvation.'  In 
1797,  Mr.  Pinkney,  in  the  Legislature  of  Maryland,  maintained,  that, 
'  by  the  eternal  principles  of  justice,  no  man  in  the  State  has  a  right 


14  AN  HISTORICAL   RESEARCH. 

El  ward  to  hold  his  slave  a  single  hour.'  In  1803,  Mr.  John  Randolph,  from 
a  committee  on  the  subject,  reported  that  the  prohibition  of  slavery 
by  the  ordinance  of  1787  was  '  a  measure  wisely  calculated  to  pro- 
mote the  happiness  and  prosperity  of  the  North-western  States,  and  to 
give  strength  and  security  to  that  extensive  frontier.'  Under  Mr. 
Jefferson,  the  importation  of  slaves  into  the  territories  of  Mississippi 
and  Louisiana  was  prohibited  in  advance  of  the  time  limited  by  the 
Constitution  for  the  interdiction  of  the  slave-trade.  When  the  Mis- 
souri restriction  was  enacted,  all  the  members  of  Mr.  Monroe's 
Cabinet  —  Mr.  Crawford  of  Georgia,  Mr.  Calhoun  of  South  Carolina, 
and  Mr.  Wirt  of  Virginia  —  concurred  with  Mr.  Monroe  in  affirming 
its  constitutionality.  In  1832,  after  the  Southampton  massacre,  the 
evils  of  slavery  were  exposed  in  the  Legislature  of  Virginia,  and 
the  expediency  of  its  gradual  abolition  maintained,  in  terms  as 
decided  as  were  ever  employed  by  the  most  uncompromising  agitator. 
A  bill  for  that  object  was  introduced  into  the  Assembly  by  the 
grandson  of  Mr.  Jefferson,  and  warmly  supported  by  distinguished 
politicians  now  on  the  stage.  Nay,  we  have  the  recent  admission  of 
the  Vice-President  of  the  seceding  Confederacy,  that  what  he  calls 
'  the  errors  of  the  past  generation,'  meaning  the  anti-slavery  senti- 
ments entertained  by  Southern  statesmen,  '  still  clung  to  many  as  late 
as  twenty  years  ago.'  "  —  pp.  31-33. 

These  extracts  from  the  recorded  opinions  of  the  learned 
associates  of  the  Chief-Justice,  the  eminent  Historian,  and  the 
illustrious  Statesman  and  Orator,  would  seem  to  furnish  a 
complete  refutation  of  the  charges  brought  against  the  North 
of  having  changed  its  policy  or  action,  and  violated  some 
expressed  or  implied  agreement  respecting  the  supposed 
sacred  and  paramount  rights  of  slavery. 

But,  as  historical  inquirers,  we  should  not  implicitly  re- 
ceive the  opinions  or  assertions  of  any  author,  however 
eminent  in  position  or  however  impartial  in  judgment  and 
truthful  in  statement  he  may  be  regarded,  without  referring 
to  the  original  records,  and  comparing  the  contemporary 
authorities.  It  is  my  purpose  to  do  this,  to  some  extent,  at 
the  present  time. 

The  primal  American  Magna  Charta,  by  which  the  Found- 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  15 

ers  of  the    Republic   asserted   the   right  of  the   people   to  Dcciara- . 

_  .  r  tion  of 

form  a  constitution  and  government  of  their  own,  was  pro-  Independ- 
claimed  on  the  4th  of  July,  177G.  Its  language  is  clear  and 
explicit.  The  authors  were  men  of  sense  and  of  learning. 
They  knew  the  meaning  of  the  words  they  used.  Was  it  for 
"glittering  generalities"  that  they  pledged  their  lives,  their 
fortunes,  and  their  sacred  honor,  or  did  they  regard  the  senti- 
ments of  that  immortal  document  as  solemn  verities  ?  In 
those  times  which  tried  men's  souls,  were  they  guilty  of  at- 
tempting to  amuse  the  fancy  by  a  rhetorical  nourish,  or,  what 
is  worse,  to  delude  their  fellow-citizens  by  the  merest  cant, 
or  did  they  intend  deliberately  and  reverently  to  publish 
to  the  world  their  Political  Confession  of  Faith,  and  to  en- 
deavor to  show  that  faith  by  their  works? 

Happily  for  us  and  for  the  fair  fame  of  those  patriots,  they 
have  left,  in  the  record  of  their  actions  and  in  their  published 
correspondence,  the  clearest  and  most  comprehensive  com- 
mentary on  the  instrument  they  signed. 

The  first  article  in  the  National  Creed  is  so  broad  and 
universal  in  its  sentiments,  that  attempts  have  often  been 
made  to  narrow  its  meaning,  and  limit  its  application :  ■ — ■ 

"  We  hold  those  truths  to  he  self-evident :  that  all  men  are  created 
equal  ;  that  they  are  endowed  hy  their  Creator  with  certain  unalien- 
ahle  Rights  ;  that  among  these  are  Life,  Liberty,  and  the  pursuit  of 
Happiness ;  that,  to  secure  these  rights,  Governments  are  instituted 
among  Men,  deriving  their  just  powers  from  the  consent  of  the 
governed." 

It  has  been  truly  said  by  Mr.  Bancroft,  "  The  heart  of 
Jefferson  in  writing  the  Declaration,  and  of  Congress  in 
adopting  it,  beat  for  all  humanity  :  the  assertion  of  right  was 
made  for  all  mankind  and  all  coming  generations,  without  any 
exception  whatever ;  for  the  proposition  which  admits  of 
exceptions  can  never  be  self-evident." 

The  author,  it  is  said,  could  never  have  intended  to  have 
this  language  received  in  its  literal  significance,  for  then  it 


16  AN   HISTORICAL    RESEARCH. 

Peck™-     would  have  included  in  the  Declaration  persons  of  African 

tiou  ot 

imiepend-    descent ;  while,  at  the  time  of  the  writing  of  this  document, 

ence. 

negro  slavery  existed  in  the  Colonies,  and  the  author  of  the 
paper  was  himself  a  slave-holder.  Did  Mr.  Jefferson  intend 
to  condemn  his  own  conduct,  and  that  of  his  associates,  by 
announcing  doctrines  at  variance  with  their  lives? 

In  Christian  morals,  the  first  step  towards  reformation  is  a 
conviction  of  sin ;  and  the  second  is  confession,  and  promise  of 
amendment.  The  patriots  and  sages  who  framed  our  form  of 
government,  in  declaring  their  principles  as  political  philoso- 
phers, acted  in  like  manner.  They  did  not  ignore  the  fact, 
that  colored  men  were  held  in  bondage.  They  did  not 
attempt  to  conceal,  much  less  to  justify,  the  offence.  As,  in 
the  popular  religious  creed  of  their  day,  all  men,  through 
Adam,  had  fallen  from  innocence,  and  were  guilty;  so  they 
felt,  that,  by  the  act  of  their  ancestors,  they  were  themselves 
then  acting  in  violation  of  the  natural  and  immutable  laws  of 
political  justice. 

It  should  be  borne  in  mind,  that  the  Declaration  of  Inde- 
pendence is  not  an  ethnological  essay,  or  a  disquisition  on  the 
physical  or  intellectual  capacity  of  the  various  races  of  men, 
but  a  grave  announcement  of  Human  Rights. 

Mr.  Jefferson,  in  his  "  Notes  on  Virginia,"  has  given  very 
fully  his  views  of  the  physical,  moral,  and  mental  capacities  of 
negroes. 

Thomas  "  The  opinion  that  they  arc  inferior  in  the  faculties  of  reason  and 

Jefferson,  imagination  must  be  hazarded  with  great  diffidence.  To  justify  a  gene- 
ral conclusion,  requires  many  observations,  even  where  the  subject  may 
be  submitted  to  the  anatomical  knife,  to  optical  glasses,  to  analysis  by 
fire  or  by  solvents.  How  much  more,  then,  where  it  is  a  faculty,  not 
a  substance,  we  are  examiuiug  ;  where  it  eludes  the  research  of  all 
the  senses ;  where  the  conditions  of  its  existence  are  various,  and 
variously  combined  ;  where  the  effects  of  those  which  are  present  or 
absent  bid  defiance  to  calculation  ;  let  me  add,  too,  as  a  circumstance 
of  great  tenderness,  where  our  conclusion  would  degrade  a  whole 
race  of  men  from  the  rank  in  the  scale  of  beings  which  their  Creator 


NEGROES   AS   SLAVES   AND   AS   CITITENS.  17 

may  perhaps  have  given  them !  To  our  reproach  it  must  be  said,  Thomas 
that,  though  for  a  century  and  a  half  wo  have  had  under  our  eyes  the 
races  of  black  and  of  red  men,  they  have  never  yet  been  viewed  by 
us  as  subjects  of  natural  history.  I  advance  it,  therefore,  as  a 
suspicion  only,  that  the  blacks,  whether  originally  a  distinct  race,  or 
made  distinct  by  time  and  circumstances,  are  inferior  to  the  whites 
in  the  endowments  both  of  body  and  mind."  — Jefferson's  Works,  vol. 
viii.  p.  386. 

Alluding  to  these  opinions  several  years  afterwards,  the 
author,  in  a  letter  addressed  to  "  M.  Gre"goire,  Eveque  et 
Se"nateur,"  says, — 

"  My  doubts  were  the  result  of  personal  observation  on  the  limited 
sphere  of  my  own  State,  where  the  opportunities  for  the  development 
of  their  genius  were  not  favorable,  and  those  of  exercising  it  still  less 
so.  I  expressed  them,  therefore,  with  great  hesitation  ;  but,  whatever 
be  their  degree  of  talent,  it  is  no  measure  of  their  rights.  Because  Sir 
Isaac  Newton  was  superior  to  others  in  understanding,  he  was  not, 
therefore,  lord  of  the  person  or  property  of  others.  On  this  subject 
they  are  gaining  daily  in  the  opinions  of  nations,  and  hopeful  advances 
are  making  towards  their  re-establishment  on  an  equal  footing  with 
the  other  colors  of  the  human  family.  I  pray  you,  therefore,  to 
accept  my  thanks  for  the  many  instances  you  have  enabled  me  to  ob- 
serve of  respectable  intelligence  in  that  race  of  men,  which  cannot 
fail  to  have  effect  in  hastening  the  day  of  their  relief."  —  Jefferson's 
Works,  vol.  v.  p.  429. 

How  slavery  was  regarded  at  the  time  is  clearly  stated  in 
the  instructions  prepared  by  Mr.  Jefferson  for  the  first  dele- 
gation of  Virginia  to  Congress,  in  August,  1774,  and  printed 
in  a  pamphlet  form,  under  the  title  of  "  A  Summary  View  of 
the  Eights  of  British  America."  I  have  Italicized  a  few  lines 
as  worthy  of  particular  attention :  — 

"  For  the  most  trifling  reasons,  and  sometimes  for  no  conceivable 
reason  at  all,  his  Majesty  has  rejected  laws  of  the  most  salutary 
tendency.  The  abolition  of  domestic  slavery  is  the  great  object  of  desire 
in  those  Colonies,  where  it  was,  unhappily,  introduced  in  their  infant 
state.     But,  previous  to  the  enfranchisement  of  the  slaves  we  have,  it  is 

3 


18  AN  HISTORICAL   RESEARCH. 

Thomas  necessary  to  exclude  all  further  importations  from  Africa.  Yet  our 
repeated  attempts  to  effect  this  by  prohibitions,  and  by  imposing  duties 
which  might  amount  to  a  prohibition,  have  been  hitherto  defeated  by 
his  Majesty's  negative  ;  thus  preferring  the  immediate  advantages  of 
a  few  British  corsairs  to  the  lasting  interests  of  the  American  States, 
and  to  the  rights  of  human  nature,  deeply  wounded  by  this  infamous 
practice."  —  Jefferson's  Works,  vol.  i.  p.  135. 

It  is  well  known  that  some  passages  in  the  original  draught 
of  the  Declaration  of  Independence  were  omitted  when  the 
paper  was  finally  adopted  by  Congress.  One  of  these  pas- 
sages shows  so  strikingly  the  feelings  of  the  author  on  this 
subject,  that  it  may  well  be  cited  here :  — 

Passage  »  He  has  waged  cruel  war  against  human  nature  itself,  violating 

from  the  its  most  sacred  rights  of  life  and  liberty  in  the  persons  of  a  distant 
tion  of1"  people  who  never  offended  him  ;  captivating  and  carrying  them  into 
Independ-  slavery  in  another  hemisphere,  or  to  incur  miserable  death  in  their 
transportation  thither.  This  piratical  warfare,  the  opprobrium  of 
Infidel  powers,  is  the  warfare  of  the  Christian  king  of  Great  Britain. 
Determined  to  keep  open  a  market  where  men  should  be  bought  and 
sold,  he  has  prostituted  his  negative  for  suppressing  every  legislative 
attempt  to  prohibit  or  to  restrain  this  execrable  commerce.  And,  that 
this  assemblage  of  horrors  might  want  no  fact  of  distinguished  die,  he 
is  now  exciting  those  very  people  to  rise  in  arms  among  us,  and  to 
purchase  that  liberty  of  which  he  has  deprived  them,  by  murdering 
the  people  on  whom  he  also  obtruded  them ;  thus  paying  off  former 
crimes  committed  against  the  liberties  of  one  people  with  crimes  which 
he  urges  them  to  commit  against  the  lives  of  another."  —  Jefferson's 
Works,  vol.  i.  pp.  23,  24. 

John  Adams,  who  was  associated  with  Jefferson  on  the 
sub-committee  for  framing  the  Declaration,  thus  expresses  his 
feelings  on  seeing  Mr.  Jefferson's  first  draught:  "  I  was 
delighted  with  its  high  tone,  and  the  flights  of  oratory  with 
which  it  abounded,  especially  that  concerning  negro  slavery  j 
which,  though  I  knew  his  Southern  brethren  would  never 
suffer  to  pass  in  Congress,  I  certainly  would  never  oppose." 
—  Works,  ii.  514. 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  19 

The  foresight  of  Mr.  Adams,  concerning  the  rejection  of 
the  passage  relating  to  slavery,  was  not  founded  on  a  belief 
that  the  sentiments  contained  in  it  were  at  variance  with 
the  general  views  of  the  people  both  at  the  South  and  at  the 
North  (for  the  history  of  the  times  is  full  of  evidence  to  the 
contrary),  but  from  his  knowledge  that  a  few  bold  and  per- 
severing pro-slavery  men  would  be  able  then —  as  they  have 
been  ever  since  —  to  induce  timid  and  time-serving,  and  even 
honest  but  less  strong-willed,  public  servants,  to  concede  to 
them,  for  the  sake  of  peace  and  harmony,  all  they  de- 
manded. 

Lord  Mahon  asserts  that  the  rejected  clause,  "  it  was  found,  Lord 

Mahon's 

would  displease  the  Southern  Colonies,  who  had  never  sought  error. 
to  prohibit  the  importation  of  slaves,  but,  on  the  contrary, 
desired  to  continue  it." 

Our  worthy  Corresponding  Member,  the  Hon.  Peter  Force, 
of  Washington,  (in  two  communications  to  the  "  National 
Intelligencer,"  January  16th  and  18th,  1855,  —  republished  in 
London  in  the  form  of  a  pamphlet,)  has  completely  refuted 
this  error ;  and  has  produced  abundant  evidence  that  the 
"  Southern  Colonies,  jointly  with  all  the  others,  and  separately 
each  for  itself,  did  agree  to  prohibit  the  importation  of  slaves, 
voluntarily  and  in  good  faith."     He   calls   attention  to   the  *' 

Continental  Association,  adopted  and  signed  by  all  the  mem- 
bers of  the  Congress  on  the  20th  of  October,  1774. 

"  The  second  Article  of  the  Association  is  in  these 
words :  — 

"  '  That  we  will  neither  import  nor  purchase  any  slave  imported  Continental 
after  the  first  day  of  December  next ;  after  which  we  will  wholly  dis-  tionT 
continue  the  slave-trade,  and  will  neither  be  concerned  in  it  ourselves, 
nor  will  we  hire  our  vessels  nor  sell  our  commodities  or  manufactures 
to  those  who  are  concerned  in  it.' 

'•'  This  was  signed  by  all  the  Delegates  of  the  twelve 
Colonies  represented  in  it.     .     .     . 


20  AN   HISTORICAL   RESEARCH. 

"  As  Georgia  was  not  represented  in  the  Congress  of  1774, 
the  Association  could  have  no  signatures  from  that  Colony. 
But  the  people  of  Georgia,  as  soon  as  they  could  speak  by 
their  Representatives,  expressed  themselves  as  distinctly  on 
this  point  as  any  of  their  brethren  of  the  Southern  Colonies. 
The  following  are  among  the  resolutions  adopted  by  the 
Provincial  Congress  of  Georgia,  on  Thursday,  July  6th, 
1775:  — 

Provincial         "'1.   Resolved,  That   this  Congress  will    adopt,   and   carry   into 
of  Georgia,  execution,  all  and  singular  the  measures  and  recommendations  of  the 

late  Continental  Congress. 

"  '  4.  Resolved,  That  we  will  neither  import  or  purchase  any  slave 

imported  from  Africa  or  elsewhere  after  this  day.' 

"  The  Continental  Association  was  also  adopted  by  the 
Maryland  Convention  on  the  8th  of  December,  177-4;  by  the 
South-Carolina  Provincial  Congress  on  the  11th  of  January, 
1775  ;  by  the  Virginia  Convention  on  the  22d  of  March,  1775  ; 
and  by  the  North-Carolina  Provincial  Congress  on  the  23d  of 
August,  1775.  The  Assembly  of  Delaware,  on  the  25th 
of  March,  1775,  passed  a  bill  to  prohibit  the  importation  of 
slaves  into  that  Government ;  but  this  was  returned  by  the 
governor,  John  Penn,  who  refused  to  give  it  his  assent. 

"  Thus  the  Southern  Colonies,  as  far  as  was  possible, 
besides  giving  their  assent  to  the  Association  of  the  Congress 
by  the  signatures  of  their  delegates  to  that  compact,  each, 
in  their  several  Congresses  and  Conventions,  separately  ex- 
pressed their  approval  of  it,  and  their  determination  to 
support  it." 

The  articles  of  the  Continental  Association  were  not 
allowed  to  remain  a  dead  letter.  The  enforcement  of  the 
rules  was  intrusted  to  committees  in  the  several  Colonies. 
The  action  of  one  of  these  committees,  in  the  case  of  the 
violation  of  the  second  article  by  Mr.  John  Brown,  a  merchant 
of  Norfolk,  in  Virginia,  is  seen  in  the  following  address :  — 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  21 

"  '  TO   THE   FREEMEN   OF   VIRGINIA  : 

"'Committee  Chamber,  Norfolk,  March  6,  1775. 

"  '  Trusting  to  your  sure  resentment  against  the  enemies  of  your  Continental 
country,  we,  the  committee,  elected  by  ballot  for  the  Borough  of  Nor-  tion. 
folk,  hold  up  for  your  just  indignation  Mr.  John  Brown,  merchant  of 
this  place. 

"  '  On  Thursday,  the  2d  of  March,  this  committee  were  informed 
of  the  arrival  of  the  brig  Fanny,  Capt.  Watson,  with  a  number  of 
slaves  for  Mr.  Brown ;  and,  upon  inquiry,  it  appeared  they  were 
shipped  from  Jamaica  as  his  property,  and  on  his  account ;  that  he 
had  taken  great  pains  to  conceal  their  arrival  from  the  knowledge  of 
the  committee  ;  and  that  the  shipper  of  the  slaves,  Mr.  Brown's  cor- 
respondent, and  the  captain  of  the  vessel,  were  all  fully  apprised  of 
the  Continental  prohibition  against  that  article. 

"  '  From  the  whole  of  this  transaction,  therefore,  we,  the  com- 
mittee for  Norfolk  Borough,  do  give  it  as  our  unanimous  opinion,  that 
the  said  John  Brown  has  wilfully  and  perversely  violated  the  Con- 
tinental Association  to  which  he  had  with  his  own  hand  subscribed 
obedience  ;  and  that,  agreeable  to  the  eleventh  article,  we  are  bound 
forthwith  to  publish  the  truth  of  the  case,  to  the  end  that  all  such  foes 
to  the  rights  of  British  America  may  be  publicly  known  and  univer- 
sally contemned  as  the  enemies  of  American  liberty,  and  that  every 
person  may  henceforth  break  off  all  dealings  with  him.' 

"  This  decision  of  the  Norfolk  Committee,"  continues  Mr. 
Force,  "  on  the  importation  of  the  slaves  by  Mr.  Brown,  in 
violation  of  the  Continental  Association,  told  the  whole  story 
as  to  who  were,  and  who  were  not,  in  favor  of  continuing  it. 
The  importers  of  the  negroes  were  the  supporters  of  the 
Crown ;  the  importation  was  opposed  by  the  friends  of  the 
Colonies."  —  Notes  on  Lord  Alahon's  History  of  the  American 
Declaration  of  Independence,  pp.  43-46. 

Lord  Mahon's  error  arose  from  applying  to  "  the  Southern  Lord 

rI   J       °  Mahon's 

Colonies  "  in  general  the  remarks  of  Mr.  Jefferson  ("  Writ-  error, 
ings,"   vol.  i.   p.  19)  relating  to  the  delegates  from   South 
Carolina  and  Georgia.     In  the  same  passage  in  which  these 
Colonies  are  mentioned  with  discredit,  the  pro-slavery  men 
at   the  North,  whose  mercenary  spirit  was   to  be  met,   are 


22  AN   HISTORICAL   RESEARCH. 

equally  censured.  Still,  there  cannot  be  any  doubt  that  the 
prevailing  sentiment  of  the  people  at  the  South,  as  well  as  at 
the  North,  was  decidedly  opposed  to  slavery.  The  evil  was 
almost  universally  regarded  as  temporary,  and  no  one  openly 
advocated  its  perpetuation. 

Before  passing  from  the  consideration  of  the  Declaration 
of  Independence,  let  us  look,  for  a  moment,  at  the  practical 
interpretation  of  its  language,  as  furnished  by  the  early 
legislation  of  some  of  the  States. 

The  declaration  that  all  men  are  born  equal,  and  that  they 
possess  the  unalienable  right  of  liberty,  was  re-affirmed  by 
several  of  the  States,  and  adopted  as  a  part  of  their  Con- 
stitutions. The  action  of  our  own  Commonwealth,  in  this 
respect,  was  clearly  shown  by  the  Rev.  Dr.  Belknap,  the 
founder  of  our  Society,  in  his  "  Answers  to  Queries  respect- 
ing Slavery,"  proposed  to  him  by  the  Hon.  Judge  Tucker  of 
Virginia,  January  24th,  1795. 

Rev.  Dr.  &         '  '  ' 

Dap"  "  The  present  Constitution  of  Massachusetts   was   established   in 

1780.  The  first  article  of  the  Declaration  of  Eights  asserts  that  '  all 
men  are  born  free  and  equal.'  This  was  inserted  not  merely  as  a 
moral  or  political  truth,  but  with  a  particular  view  to  establish  the 
liberation  of  the  negroes  on  a  general  principle  ;  and  so  it  was  under- 
stood by  the  people  at  large  ;  but  some  doubted  whether  this  were 
sufficient. 

"  Many  of  the  blacks,  taking  advantage  of  the  public  opinion  and 
of  this  general  assertion  in  the  Bill  of  Rights,  asked  their  freedom, 
and  obtained  it.  Others  took  it  without  leave.  Some  of  the  aged  and 
infirm  thought  it  mos*  prudent  to  continue  in  the  families  where  they  had 
always  been  well  used,  and  experience  has  proved  that  they  acted  right. 
"  In  1781,  at  the  Court  in  "Worcester  County,  an  indictment  was 
found  against  a  white  man  for  assaulting,  beating,  and  imprisoning  a 
black.  He  was  tried  at  the  Supreme  Judicial  Court  in  1783.  His 
defence  was,  that  the  black  was  his  slave  ;  and  that  the  beating,  &c. 
was  the  necessary  restraint  and  correction  of  the  master.  This  was 
answered  by  citing  the  aforesaid  clause  in  the  Declaration  of  Eights. 
The  judges  and  jury  were  of  opinion,  that  he  had  no  right  to  beat  or 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  23 

imprison  the  negro.  He  was  found  guilty,  and  fined  forty  shillings. 
This  decision  was  a  mortal  wound  to  slavery  in  Massachusetts."  — 
Mass.  Hist.  Coll.,  First  Series,  vol.  iv.  p.  203. 

The  Hon.  Emory  Washburn,  in  his  admirable  paper  on  the 
"  Extinction  of  Slavery  in  Massachusetts,"  communicated  to 
our  Society  at  the  regular  meeting  in  May,  1857,-  and  pub- 
lished in  the  Proceedings  for  that  year,  gives  a  pretty  full 
account  of  this  trial. 

The  brief  used  by  Mr.  Lincoln,  the  counsel  for  the  negro,  Brief 
was  placed  in  the  hands  of  Mr.  Washburn  by  the  son  of  the  Lincoln, 
eminent  counsellor,  our  venerable  and  respected  associate, 
the  Hon.  Levi  Lincoln  of  Worcester,  for  many  years  Gover- 
nor of  this  Commonwealth.  Every  word  of  it,  and  of  the 
whole  paper  of  Mr.  Washburn,  ought  to  be  carefully  read  and 
pondered  at  the  present  time.  A  few  extracts  will  give  some 
idea  of  the  character  of  the  arguments  so  effectively  used  at 
that  period,  when  the  authors  of  the  Declaration  of  Inde- 
pendence and  the  founders  of  the  Republic  were  still  strug- 
gling to  establish  our  Government  on  the  firm  basis  of  equal 
and  eternal  justice.  A  solemn  appeal  to  the  "  higher  law" 
was  not,  in  those  days,  denounced  as  moral  or  political 
heresy. 

"  When  a  fellow-subject  is  restrained  of  his  liberty,  it  is  an  attack 
upon  every  other  subject ;  and  every  one  has  a  right  to  aid  him  in 
regaining  his  liberty. 

"  What,  in  this  respect,  are  to  be  the  consequences  of  your  verdict  ? 
Will  it  not  be  tidings  of  great  joy  to  this  community  ?  It  is  virtually 
opening  the  prison-doors,  and  letting  the  oppressed  go  free  ! 

"  Could  they  expect  to  triumph  in  their  struggle  with  Great  Britain, 
and  become  free  themselves,  until  they  let  those  go  free  who  were 
under  them  ?  Were  they  not  acting  like  Pharaoh  and  the  Egyptians, 
if  they  refused  to  set  these  free  ? 

"  But  the  plaintiff  insists  that  it  is  not  true,  as  stated  in  the  Con- 
stitution, that  all  men  are  born  free ;  for  children  are  born  and 
placed  under  the  power  and  control  of  their  parents. 

"  This  may  be.     But  they  are  not  born  as  slaves :  they  are  under 


24  AN   HISTORICAL    RESEARCH. 

Brief  the  power  of  their  parents,  to  be  nursed  and  nurtured  and  educated  for 

of  Mr. 

Lincoln.      their  good. 

"  And  the  black  child  is  born  as  much  a  free  child  in  this  sense  as 

if  it  were  white. 

"  In  making  out  that  negroes  are  the  property  of  their  masters, 
the  counsel  for  the  plaintiff  speak  of  lineage,  and  contend  that  the 
children  of  slaves  must  be  slaves  in  the  same  way  that,  because  our 
first  parents  fell,  we  all  fell  with  them. 

"  But  are  not  all  mankind  born  in  the  same  way  ?  Are  not  their 
bodies  clothed  with  the  same  kind  of  flesh  ?  Was  not  the  same  breath 
of  life  breathed  into  all  ?  We  are  under  the  same  gospel  dispensation, 
have  one  common  Saviour,  inhabit  the  same  globe,  die  in  the  same 
manner ;  and  though  the  white  man  may  have  his  body  wrapped  in 
fine  linen,  and  his  attire  may  be  a  little  more  decorated,  there  all  dis- 
tinction of  man's  making  ends.  We  all  sleep  on  the  same  level  in  the 
dust.  We  shall  all  be  raised  by  the  sound  of  one  common  trump, 
calling  unto  all  that  are  in  their  graves,  without  distinction,  to  arise  ; 
shall  be  arraigned  at  one  common  bar  ;  shall  have  one  common  Judge, 
and  be  tried  by  one  common  jury,  and  condemned  or  acquitted  by  one 
common  law,  —  by  the  gospel,  the  perfect  law  of  liberty. 

"  This  cause  will  then  be  tried  again,  and  your  verdict  will  there 
be  tried.  Therefore,  gentlemen  of  the  jury,  let  me.  conjure  you  to 
give  such  a  verdict  now  as  will  stand  this  test,  and  be  approved  by 
your  own  minds  in  the  last  moments  of  your  existence,  and  by  your 
Judge  at  the  last  day. 

"  It  will  then  be  tried  by  the  laws  of  reason  and  revelation. 

"  Is  it  not  a  law  of  nature,  that  all  men  are  equal  and  free? 

"  Is  not  the  law  of  nature  the  law  of  God  ? 

"  Is  not  the  law  of  God,  then,  against  slavery  ? 

"  If  there  is  no  law  of  man  establishing  it,  there  is  no  difficulty. 
If  there  is,  then  the  great  difficulty  is  to  determine  which  law  you 
ought  to  obey ;  and,  if  you  shall  have  the  same  ideas  as  I  have  of 
present  and  future  things,  you  will  obey  the  former. 

''  The  worst  that  can  happen  to  you  for  disobeying  the  former  is 
the  destruction  of  the  body;  for  the  last,  that  of  your  souls."  —  Pro- 
ceedings of  the  Mass.  Hist.  Soc.,  1855-58,  pp.  198-201. 

Other  contemporary  documents  might  be  cited  to  show 
how  such  language  as  that  used  in  the  Declaration  of  Inde- 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  25 

pendence  was  interpreted  by  the  legislative  and  legal  action 
of  the  day.  I  will  only  give  the  first  article  in  the  Constitu- 
tion of  Vermont :  — 

"  All  men  are  born  equally  free  and  independent,  and  have  certain  Constitu- 
natural,  inherent,  and  inalienable  rights  ;  among  which  are  the  enjoy-  Vermont, 
ing  and  defending  life  and  liberty  ;  acquiring,  possessing,  and  pro- 
tecting property ;  and  pursuing  and  obtaining  happiness  and  safety  : 
therefore  no  male  person,  born  in  this  country  or  brought  from  over 
sea,  ought  to  be  holden  by  law  to  serve  any  person  as  a  servant,  slave, 
or  apprentice,  after  he  arrives  to  the  age  of  twenty-one  years ;  nor 
female,  in  like  manner,  after  she  arrives  to  the  age  of  eighteen  years ; 
unless  they  are  bound  by  their  own  consent  after  they  arrive  to  such 
age,  or  bound  by  the  law  for  the  payment  of  debts,  damages,  fines, 
costs,  or  the  like." 

The  articles  of  Confederation  —  which  constituted  the  Law  Articles  of 

Confedera- 

of  the  Land  from  the  time  of  their  passage  in  1778  to  the  tion. 
adoption  of  the  Federal  Constitution  —  recognized  and  grant- 
ed to  free  negroes  the  same  privileges  of  citizenship  which 
belonged  to  white  inhabitants.     The  fourth  article  is  as  fol- 
lows :  — 

"  Akt.  4.  —  The  better  to  secure  and  perpetuate  mutual  friendship  Free 

1      A  _  *   negroes 

and  intercourse  among  the  people  of  the  different  States  in  this  Union,  regarded  as 

the  free  inhabitants  of  each  of  these  States  —  paupers,  vagabonds, 
and  fugitives  from  justice  excepted  —  shall  be  entitled  to  all  privi- 
leges and  immunities  of  free  citizens  in  the  several  States ;  and  the 
people  of  each  State  shall  have  free  ingress  and  regress  to  and  from 
any  other  State,  and  shall  enjoy  therein  all  the  privileges  of  trade  and 
commerce,  subject  to  the  same  duties,  impositions,  and  restrictions  as 
the  inhabitants  thereof,  respectively ;  provided  that  such  restrictions 
shall  not  extend  so  far  as  to  prevent  the  removal  of  property  imported 
into  any  State  from  any  other  State,  of  which  the  owner  is  an  inhabi- 
tant ;  provided,  also,  that  no  imposition,  duty,  or  restriction,  shall  be 
laid  by  any  State  on  the  property  of  the  United  States,  or  either  of 
them."  —  Elliot's  Delates,  vol.  i.  p.  79. 

It  was  not  by  accident  or  oversight  that  negroes  were  in- 
cluded in  the  phrase  "  free  inhabitants  "  ;  for,  when  this  arti- 

4 


26  AN   HISTORICAL   RESEARCH. 

cle  was  under  consideration,  the  delegates  from  South  Carolina 
moved  to  amend,  by  inserting  between  the  words  "  free  "  and 
"  inhabitants  "  the  word  "  white."  The  proposed  amendment 
was  lost ;  only  two  States  voting  in  the  affirmative. 

In  the  ninth  article,  the  word  "  white  "  was  retained.  The 
State  of  New  Jersey,  although  a  slaveholding  State,  objected 
to  this,  and  made  a  representation  to  Congress  on  the  subject ; 
an  extract  from  which  is  pertinent  here  :  — 

New  Jersey  "The  ninth  article  also  provides  that  the  requisition  for  the  land 
the  omis-  forces,  to  be  furnished  by  the  several  States,  shall  be  proportioned  to 
negroes  *'le  numI,er  01"  white  inhabitants  in  each.  In  the  act  of  Independence, 
we  find  the  following  declaration  :  '  AVe  hold  these  truths  to  be  self- 
evident  :  that  all  men  are  created  equal ;  that  they  are  endued  by  their 
Creator  with  certain  unalienable  rights,  among  which  are  life,  liberty, 
and  the  pursuit  of  happiness.'  Of  this  doctrine  it  is  not  a  very  remote 
consequence,  that  all  the  inhabitants  of  every  society,  be  the  color  of 
their  complexion  what  it  may,  are  bound  to  promote  the  interest 
thereof,  according  to  their  respective  abilities.  They  ought,  therefore, 
to  be  brought  into  the  account,  on  this  occasion.  But  admitting 
necessity  or  expediency  to  justify  the  refusal  of  liberty,  in  certain  cir- 
cumstances, to  persons  of  a  particular  color,  we  think  it  unequal  to 
reckon  upon  such  in  this  case.  Should  it  be  improper,  for  special 
local  reasons,  to  admit  them  in  arms  for  the  defence  of  the  nation,  yet 
we  conceive  the  proportion  of  forces  to  be  embodied  ought  to  be  fixed 
according  to  the  whole  number  of  inhabitants  in  the  State,  from  what- 
ever class  they  may  be  raised.  If  the  whole  number  of  inhabitants  in 
a  State,  whose  inhabitants  are  all  whites,  both  those  who  are  called 
into  the  field  and  those  who  remain  to  till  the  ground  and  labor  in 
mechanical  arts  and  otherwise,  are  reckoned  in  the  estimate  for  strik- 
ing the  proportion  of  forces  to  be  furnished  by  that  State,  ought  even 
a  part  of  the  latter  description  to  be  left  out  in  another  ?  As  it  is  of 
indispensable  necessity,  in  every  war,  that  a  part  of  the  inhabitants  be 
employed  for  the  uses  of  husbandry  and  otherwise  at  home,  while 
others  are  called  into  the  field,  there  must  be  the  same  propriety  that 
owners  of  a  different  color,  who  are  employed  for  this  purpose  in  one 
State,  while  whites  are  employed  for  the  same  purpose  in  another,  be 
reckoned  in  the  account  of  the  inhabitants  in  the  present  instance."  — 
EllioCs  Debates,  vol.  i.  p.  89. 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  27 

The  opinions  of  the  founders  of  the  Republic  respecting  Opinions 
the  slavery  and  the  citizenship  of  nesrroes,  as  expressed  in  Founders 

.  .  .  „  of  the  Re- 

SOme  of  the  most  important  of  their  public  acts,  from  the  public. 

commencement  to  the  close  of  their  struggle  for  National  In- 
dependence, and  during  the  period  of  the  Confederation,  may- 
be gathered  from  the  documents  already  cited.  They  had 
proclaimed  to  the  world  the  Universal  Magna  Charta  which 
the  Creator  and  Governor  of  men  had  granted  to  his  subjects. 
This  charter  of  natural  and  unalienable  rights  had  been 
timidly  read  and  faintly  spoken,  by  now  and  then  a  friend  of 
liberty,  in  earlier  times.  Our  patriot  Fathers  were  the  first 
boldly  to  publish  it  to  "  mankind  "  ;  to  adopt  these  "  self-evi- 
dent truths  "  as  their  National  Creed ;  and,  "  appealing  to  the 
Supreme  Judge  of  the  universe  for  the  rectitude  of  their 
intentions,"  to  announce  their  solemn  purpose  of  establishing 
a  Government,  with  these  principles  for  its  chief  corner- 
stone. 

With  such  principles  and  motives  to  stimulate  their  patri- 
otism and  nerve  their  courage,  they  could  not  fail.  The 
mighty  power  of  the  mother-country  was  impotent  when 
wielded  against  the  cause  of  Liberty.  The  Independence  of 
the  United  States  was  acknowledged  by  Great  Britain,  and 
we  took  our  place  among  the  nations  of  the  earth. 

The  Articles  of  Confederation  served  their  purpose  during 
the  war,  but  were  found  inadequate  to  the  growing  wants 
of  the  Government.  A  Convention  was  accordingly  called,  to 
meet  in  Philadelphia  on  the  second  Monday  in  May  in  1787, 
to  frame  a  Constitution. 

Before  considering  particularly  the  language  of  the  Con- 
stitution, "  the  palladium  of  our  liberties,"  let  us  look  for  a 
moment  at  some  of  the  men  to  whom  was  intrusted  this  im- 
portant work,  and  see  with  what  minds  they  came  to  the  per- 
formance of  the  duty  assigned  them. 

Among  the  delegates,  we  find  the  names  of  George  Wash- 
ington of  Virginia,  and  Benjamin  Franklin  of  Pennsylvania. 


28 


AN   HISTORICAL    RESEARCH. 


Opinions 
of  the 
Founders 
of  the  Re- 
public. 


Washing- 
ton. 


Fairfax 
County 
Resolves. 


The  former  was  unanimously  elected  President  of  the  Con- 
vention. Dr.  Franklin  was  the  only  man  who  could  have  been 
thought  of  as  a  competitor  for  the  place.  He  was  to  have 
made  the  nomination  of  Washington :  but,  owing  to  the  state 
of  the  weather  and  of  his  health,  he  was  confined  to  his 
house  ;  and  his  colleague,  Robert  Morris,  in  behalf  of  the  dele- 
gation from  Pennsylvania,  proposed  "George  Washington,  Esq., 
late  Commander-in-chief,"  for  President  of  the  Convention. 

The  character  and  position  of  these  two  pre-eminent  pa- 
triots, from  different  States,  one  a  slave-holder  and  the  other 
not,  give  the  greatest  weight  to  their  opinions.  They  have 
both  left  distinct  records  of  their  views  on  the  subject  of 
slavery. 

Though,  by  inheritance  and  other  circumstances  entirely 
beyond  his  control,  Washington  found  himself  a  slave-holder, 
yet  he  never  defended  the  institution  of  slavery,  or  desired 
its  perpetuity.  On  the  contrary,  we  find,  that,  before  he  had 
drawn  his  sword  in  defence  of  the  independence  of  his  coun- 
try, he  had  uttered  his  testimony  against  slavery  in  the  fullest 
manner ;  and,  through  his  whole  life,  his  desire  to  clear  him- 
self and  his  country  from  the  foul  blot  was  sincere  and 
constant. 

It  had  become  quite  common,  during  the  year  preceding 
the  commencement  of  hostilities  between  the  colonists  and 
the  mother-country,  for  the  people  to  meet  in  their  respective 
counties  or  towns,  to  express,  through  addresses  and  resolu- 
tions, their  sentiments  and  views  respecting  the  condition  of 
affairs.  Such  a  meeting  was  held  on  the  18th  of  July,  1774, 
at  the  Fairfax  County  Court  House,  in  Virginia;  and  a  series 
of  twenty-four  resolutions,  prepared  by  a  Committee  of  which 
Washington  was  chairman,  was  adopted. 

Three  of  these  resolutions  are  here  given :  — 

"  17.  Resolved,  That  it  is  the  opinion  of  this  meeting,  that,  during 
our  present  difficulties  and  distress,  no  slaves  ought  to  be  imported 
into  any  of  the  British  colonies  on  this  continent ;    and  we  take  this 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  29 

opportunity  of  declaring  our  most  earnest,  wishes  to  see  an  entire  stop  Fairfax 
for  ever  put  to  such  a  wicked,  cruel,  and  unnatural  trade.       .     .     .       Resolves. 

"  21.  Resolved,  That  it  is  the  opinion  of  this  meeting,  that  this 
and  the  other  associating  colonies  should  break  off  all  trade,  inter- 
course, and  dealings  with  that  colony,  province,  or  town,  which  shall 
decline,  or  refuse  to  agree  to,  the  plan  which  shall  be  adopted  by  the 
General  Congress 

"  24.  Resolved,  That  George  Washington  and  Charles  Broadwater, 
lately  elected  our  representatives  to  serve  in  the  General  Assembly,  be 
appointed  to  attend  the  Convention  at  Williamsburg  on  the  first  day  of 
August  next,  and  present  these  resolves,  as  the  sense  of  the  people 
of  this  county  upon  the  measures  proper  to  be  taken  in  the  present 
alarming  and  dangerous  situation  of  America." 

Respecting  these  resolutions,  Mr.  Sparks  observes :  — 

"  The  draught,  from  which  the  resolves  are  printed,  I  find  among 
Washington's  papers,  in  the  handwriting  of  George  Mason,  by  whom 
they  were  probably  drawn  up ;  yet,  as  they  were  adopted  by  the  Com- 
mittee of  which  Washington  was  chairman,  and  reported  by  him  as 
moderator  of  the  meeting,  they  may  be  presumed  to  express  his 
opinions,  formed  on  a  perfect  knowledge  of  the  subject,  and  after  cool 
deliberation.  This  may  indeed  be  inferred  from  his  letter  to  Mr. 
Bryan  Fairfax,  in  which  he  intimates  a  doubt  only  as  to  the  article 
favoring  the  idea  of  a  further  petition  to  the  king.  He  was  opposed 
to  such  a  step,  believing  enough  had  been  done  in  this  way  already  ; 
but  he  yielded  the  point  in  tenderness  to  the  more  wavering  resolution 
of  his  associates. 

"  These  resolves  are  framed  with  much  care  and  ability,  and 
exhibit  the  question  then  at  issue,  and  the  state  of  public  feeling,  in  a 
manner  so  clear  and  forcible  as  to  give  them  a  special  claim  to  a  place 
in  the  present  work,  in  addition  to  the  circumstance  of  their  being  the 
matured  views  of  Washington  at  the  outset  of  the  <rreat  Eevolution- 
ary  struggle  in  which  he  was  to  act  so  conspicuous  a  part.       .     .     . 

"  Such  were  the  opinions  of  Washington,  and  his  associates  in 
Virginia,  at  the  beginning  of  the  Revolutionary  contest.  The  seven- 
teenth resolve  merits  attention,  from  the  pointed  manner  in  which  it 
condemns  the  slave-trade."  —  Sparks's  Washington,  vol.  ii.  pp.  488, 
494,  495. 


30  AN   HISTORICAL   RESEARCH. 

Washing-  Washington  not  only  condemned  the  slave-trade,  but  ex- 
pressed in  the  most  decided  terms  his  disapprobation  of 
domestic  slavery.  He  discountenanced  the  interference  of 
non-slaveholders  in  attempting  to  liberate  slaves  without  the 
consent  of  their  masters ;  but  at  the  same  time,  in  a  letter 
on  the  subject  to  Robert  Morris,  12th  April,  1786,  he  was 
careful  to  add :  — 

"  I  hope  it  will  not  be  conceived  from  these  observations  that  it  is 
my  wish  to  bold  the  unbappy  people,  who  are  tbe  subject  of  this  letter, 
in  slavery.  I  can  only  say,  that  there  is  not  a  man  living  who  wishes 
more  sincerely  than  I  do  to  see  some  plan  adopted  for  the  abolition  of 
it :  but  there  is  only  one  proper  and  effectual  mode  by  which  this  can 
be  accomplished,  and  that  is  by  legislative  authority ;  and  this,  as  far 
as  my  suffrage  will  go,  shall  never  be  wanting."  —  Sparks's  Washing- 
ton, vol.  is.  p.  159. 

On  the  9th  of  September  of  this  same  year,  Washington 
wrote  to  Mr.  John  F.  Mercer,  of  Maryland:  — 

"  I  never  mean,  unless  some  particular  circumstance  should  compel 
me  to  it,  to  possess  another  slave  by  purchase  ;  it  being  among  my 
first  wishes  to  see  some  plan  adopted  by  which  slavery  in  this  country 
may  be  abolished  by  law."  —  Ibid. 

That  Washington  believed  his  wishes  with  regard  to  the 
abolition  of  slavery  would  at  no  distant  day  be  realized,  is 
evident  from  a  letter  to  Sir  John  Sinclair,  11th  December, 
1796:  — 

"  The  present  prices  of  lands  in  Pennsylvania  are  higher  than  they 
are  in  Maryland  and  Virginia,  although  they  are  not  of  superior  quali- 
ty ;  [among  other  reasons]  because  there  are  laws  here  for  the  gradua 
abolition  of  slavery,  which  neither  of  the  two  States  above  mentioned 
have  at  present,  but  which  nothing  is  more  certain  than  they  must 
have,  and  at  a  period  not  remote."  —  Sparks's  Washington,  vol.  xii. 
p.  32G. 

Lafayette,  the  bosom  friend,  who  shared  so  fully  the  con- 
fidence and  sympathy  of  Washington,  was  in  frequent  cor- 
respondence with  him  on  the  subject  of  slavery. 


NEGROES   AS   SLATES   AND   AS   CITIZENS.  31 

No  sooner  had  hostilities  ceased,  than  ho  set  about  devising 
some  practical  plan  for  ridding  the  country,  which  his  valor 
had  helped  to  free  from  the  yoke  of  British  oppression,  of  an 
evil  which  he  declared  to  be  "  a  crime  much  blacker  than  any 
African  face." 

On  the  5th  of  February,  1783,  Lafayette  writes:  — 

"  Now,  my  dear  General,  that  you  are  going  to  enjoy  some  ease  Lafayette. 
and  quiet,  permit  me  to  propose  a  plan  to  you,  which  might  become 
greatly  beneficial  to  the  black  part  of  mankind.  Let  us  unite  in  pur- 
chasing a  small  estate,  where  we  may  try  the  experiment  to  free  the 
negroes,  and  use  them  only  as  tenants.  Such  an  example  as  yours 
might  render  it  a  general  practice  ;  and,  if  we  succeed  in  America,  I 
will  cheerfully  devote  a  part  of  my  time  to  render  the  method  fashion- 
able in  the  West  Indies.  If  it  be  a  wild  scheme,  I  had  rather  be  mad 
in  this  way,  than  to  be  thought  wise  in  the  other  task."  —  Correspond- 
ence of  the  American  Revolution,  vol.  iii.  p.  547. 

To  this  letter  Washington  replies,  April  5th,  17S3  :  — 

"  The  scheme,  my  dear  Marquis,  which  you  propose  as  a  precedent  Washing- 
to  encourage  the  emancipation  of  the  black  people  in  this  country  from  oa* 
that  state  of  bondage  in  which  they  are  held,  is  a  striking  evidence  of 
the  benevolence  of  your  heart.  I  shall  be  happy  to  join  you  in  so 
laudable  a  work,  but  will  defer  going  into  a  detail  of  the  business  till 
I  have  the  pleasure  of  seeing  you."  —  SjKirks's  Washington,  vol.  viii. 
pp.  414,  415. 

Three  years  later,  and  after  Lafayette  had  put  his  plan  into 
practice,  Washington  wrote  to  him  in  a  tone  of  mingled  ap- 
proval of  what  he  had  done,  and  despondency  as  to  any 
immediate  action  on  the  subject  in  this  country :  — 

"  Mount  Veenon,  10th  May,  1786. 

"  The  benevolence  of  your  heart,  my  dear  Marquis,  is  so  conspi- 
cuous upon  all  occasions,  that  I  never  wonder  at  any  fresh  proofs  of 
it ;  but  your  late  purchase  of  an  estate  in  the  colony  of  Cayenne,  with 
a  view  of  emancipating  the  slaves  on  it,  is  a  generous  and  noble  proof 
of  your  humanity.  Would  to  God  a  like  spirit  might  diffuse  itself 
generally  into  the  minds  of  the  people  of  this  country  !     But  I  despair 


32  AN   HISTORICAL   RESEARCH. 

Washing-  of  seeing  it.  Some  petitions  were  presented  to  the  Assembly,  at  its 
last  session,  for  the  abolition  of  slavery  ;  but  they  could  scarcely  obtain 
a  reading.  To  set  the  slaves  afloat  at  once,  would,  I  really  believe, 
be  productive  of  much  inconvenience  and  mischief;  but  by  degrees  it 
certainly  might,  and  assuredly  ought  to  be  effected,  and  that,  too,  by 
legislative  authority."  —  Sjaarks's  Washington,  vol.  ix.  pp.  1C3,  1G4. 

The  following  note  on  this  subject  is  added  by  Mr.  Sparks: 

Lafayette.  "  In  a  remarkable  and  very  interesting  letter,  written  by  Lafayette 
in  the  prison  of  Magdeburg  [March  15,  1793,  to  the  Princess 
d'Henin],  he  said,  '  I  know  not  what  disposition  has  been  made  of  my 
plantation  at  Cayenne  ;  but  I  hope  Madame  de  Lafayette  will  take 
care  that  the  negroes,  who  cultivate  it,  shall  preserve  their  liberty.'  " 

To  John  Adams,  also,  Lafayette  wrote  from  Paris  in  1786 : 

"  In  the  cause  of  my  black  brethren,  I  feel  myself  warmly  interest- 
ed, and  most  decidedly  side,  so  far  as  respects  them,  against  the  white 
part  of  mankind.  Whatever  be  the  complexion  of  the  enslaved,  it 
does  not,  in  my  opinion,  alter  the  complexion  of  the  crime  which  the 
enslaver  commits,  —  a  crime  much  blacker  than  any  African  face. 
It  is  to  me  a  matter  of  great  anxiety  and  concern,  to  find  that  this 
trade  is  sometimes  perpetrated  under  the  flag  of  liberty,  our  dear  and 
noble  stripes,  to  which  virtue  and  glory  have  been  constant  standard- 
bearers." —  Life  and  Works  of  John  Adams,  vol.  viii.  p.  37G. 

The  opinions  with  regard  to  slavery  which  Washington 
held  before  the  adoption  of  the  Federal  Constitution  were 
never  relinquished.  Only  two  years  before  he  died  (as  we 
learn  from  Mr.  Irving,  who  had  the  original  letter  before  him), 
he  said,  writing  to  his  nephew,  Lawrence  Lewis,  "  I  wish 
from  my  soul  that  the  Legislature  of  this  State  could  see  the 
policy  of  a  gradual  abolition  of  slavery.  It  might  prevent 
much  future  mischief." 

Washing-  "  On  opening  the  will  which  he  had  handed  to  Mrs.  Washington 

ton's  Will,   gjjojfly  before  his  death,  it  was  found  to  have  been  carefully  drawn  up  by 

himself  in  the  preceding  July  ;  and,   by  an  act  in  conformity  ivith  his 

whole  career,  one  of  its  first  provisions  directed  the  emancipation  of 

his  slaves  on  the  decease  of  his  wife.     It  had  long  been  his  earnest 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  33 

wish,  that  the  slaves  held  by  him  in  his  own  riqht  should  receive  their  Washing- 

ton's  Will. 
freedom  during  his  life  ;  but  he  had  found  that  it  would  be  attended 

■with  insuperable  difficulties,  on  account  of  their  intermixture  by  mar- 
riage with  the  '  dower  negroes,'  whom  it  was  not  in  his  power  to 
manumit  under  the  tenure  by  which  they  were  held. 

"  With  provident  benignity,  he  also  made  provision  in  his  will  for 
such  as  were  to  receive  their  freedom  under  this  devise,  but  who,  from 
age,  bodily  infirmities,  or  infancy,  might  be  unable  to  support  them- 
selves ;  and  he  expressly  forbade,  under  any  pretence  whatsoever,  the 
sale  or  transportation  out  of  Virginia,  of  any  slave  of  whom  he  might 
die  possessed.  Though  born  and  educated  a  slave-holder,  this  was  all 
in  consonance  with  feelings,  sentiments,  and  principles  which  he  had 
long  entertained."  —  Irving's  Washington,  vol.  v.  pp.  316,  317. 

The  second  item  of  that  long  will,  coming  immediately  after 
the  bequest  to  his  "  dearly  beloved  wife,"  is  here  given :  — 

"Item.  —  Upon  the  decease  of  my  wife,  it  is  my  will  and  desire 
that  all  slaves  whom  I  hold  in  my  men  right  shall  receive  their  free- 
dom. To  emancipate  them  during  her  life,  would,  though  earnestly 
wished  by  me,  be  attended  with  such  insuperable  difficulties,  on 
account  of  their  intermixture  by  marriage  with  the  dower  negroes,  as 
to  excite  the  most  painful  sensations,  if  not  disagreeable  consequences 
to  the  latter,  while  both  descriptions  are  in  the  occupancy  of  the  same 
proprietor  ;  it  not  being  in  my  power,  under  the  tenure  by  which  the 
dower  negroes  are  held,  to  manumit  them.  And  whereas,  among 
those  who  will  receive  freedom  according  to  this  devise,  there  may  be 
some,  who,  from  old  age  or  bodily  infirmities,  and  others,  who,  on 
account  of  their  infancy,  will  be  unable  to  support  themselves,  it  is  my 
will  and  desire,  that  all  who  come  under  the  first  and  second  descrip- 
tion shall  be  comfortably  clothed  and  fed  by  my  heirs  while  they  live  ; 
and  that  such  of  the  latter  description  as  have  no  parents  living,  or,  if 
living,  are  unable  or  unwilling  to  provide  for  them,  shall  be  bound  by 
the  court  until  they  shall  arrive  at  the  age  of  twenty-five  years ;  and 
in  cases  where  no  record  can  be  produced,  whereby  their  ages  can  be 
ascertained,  the  judgment  of  the  court,  upon  its  own  view  of  the  sub- 
ject, shall  be  adequate  and  final.  The  negroes  thus  bound,  are  (by 
their  masters  or  mistresses)  to  be  taught  to  read  and  write,  and  to  be 
brought  up  to  some  useful  occupation,  agreeably  to  the  laws  of  the 
Commonwealth  of  Virginia  providing  for  the  support  of  orphan  and 
other  poor  children.     And  I  do  hereby  expressly  forbid  the  sale  or 

5 


31 


AN   HISTORICAL   RESEARCH. 


Washing- 
ton's Will. 


transportation  out  of  the  said  Commonwealth,  of  any  slave  I  may  die 
possessed  of,  under  any  pretence  whatsoever.  And  I  do,  moreover, 
most  pointedly  and  most  solemnly  enjoin  it  upon  my  executors  here- 
after named,  or  the  survivors  of  them,  to  see  that  this  clause  respect- 
ing slaves,  and  every  part  thereof,  be  religiously  fulfilled  at  the  epoch 
at  which  it  is  directed  to  take  place,  without  evasion,  neglect,  or  delay, 
after  the  crops  which  may  then  be  on  the  ground  are  harvested,  par- 
ticularly as  it  respects  the  aged  and  infirm  ;  seeing  that  a  regular  and 
permanent  fund  be  established  for  their  support,  as  long  as  there  are 
subjects  requiring  it ;  not  trusting  to  the  uncertain  provision  to  be  made 
by  individuals.  And  to  my  mulatto  man,  William,  calling  himself 
William  Lee,  I  give  immediate  freedom  ;  or,  if  he  should  prefer  it 
(on  account  of  the  accidents  which  have  befallen  him,  and  which  have 
rendered  him  incapable  of  walking  or  of  any  active  employment),  to 
remain  in  the  situation  he  now  is,  it  shall  be  optional  in  him  to  do  so : 
in  either  case,  however,  I  allow  him  an  annuity  of  thirty  dollars, 
during  his  natural  life,  which  shall  be  independent  of  the  victuals  and 
clothes  he  has  been  accustomed  to  receive,  if  he  chooses  the  last  alter- 
native ;  but  in  full  with  his  freedom,  if  he  prefers  the  first.  And  this 
I  give  him  as  a  testimony  of  my  sense  of  his  attachment  to  me,  and 
for  his  faithful  services  during  the  revolutionary  war."  —  Sparks's 
Washington,  vol.  xii.  pp.  5G9-570. 


Franklin. 


Early 
efforts 
against 
slavery. 


Franklin's  opinions  on  the  subject  of  slavery  agreed  sub- 
stantially with  those  entertained  by  Washington ;  and,  like 
"  the  Father  of  his  Country,"  this  great  philosopher,  patriot, 
and  statesman  not  only  denounced  negro  slavery  when  strug- 
gling for  national  liberty,  but  left,  among  his  last  legacies  to 
his  countrymen,  the  most  emphatic  testimony  against  the 
institution. 

In  a  letter  to  John  Wright  of  London,  he  gives  an  account 
of  the  early  endeavors  of  the  Friends  in  this  country  to 
abolish  slavery ;  and,  at  the  same  time,  expresses  incidentally 
his  own  views  on  the  subject :  — 

"  I  wish  success  to  your  endeavors  for  obtaining  an  abolition  of  the 
slave-trade.  The  epistle  from  your  Yearly  Meeting,  for  the  year 
1758,  was  not  the  first  solving  of  the  good  seed  you  mention;  for  I 
find,  by  an  old  pamphlet  in  my  possession,  that  George  Keith,  near  a 


NEGROES   AS   SLATES   AND   AS   CITIZENS.  35 

hundred  years  since,  wrote  a  paper  against  the  practice,  said  to  be  Early 

efforts 
'  given  forth  by  the  appointment  of  the  meeting  held  by  him  at  Philip  against 

James's  house,  in  the  city  of  Philadelphia,  about  the  year  1G93  ' ;  slavery- 
wherein  a  strict  charge  was  given  to  Friends,  '  that  they  should  set 
their  negroes  at  liberty,  after  some  reasonable  time  of  service,  &c.  &c.' 
And,  about  the  year  1728  or  1729,  I  myself  printed  a  book  for  Ralph 
Sandyford,  another  of  your  Friends  in  this  city,  against  keeping  ne- 
groes in  slavery  ;  two  editions  of  which  he  distributed  gratis.  And, 
about  the  year  1736,  I  printed  another  book  on  the  same  subject,  for 
Benjamin  Lay,  who  also  professed  being  one  of  your  Friends  ;  and  he 
distributed  the  books  chiefly  among  them.  By  these  instances,  it 
appears  that  the  seed  was  indeed  sown  in  the  good  ground  of  your 
profession,  though  much  earlier  than  the  time  you  mention  ;  and  its 
springing  up  to  effect  at  last,  though  so  late,  is  some  confirmation  of 
Lord  Bacon's  observation,  that  a  good  motion  never  dies;  and  it  may 
encourage  us  in  making  such,  though  hopeless  of  their  taking  imme- 
diate effect."  —  S_parks's  Franklin,  vol.  x.  p.  403. 

In  a  letter  to  Dean  Woodward,  dated  London,  April  10th, 
1773,  Dr.  Franklin  says, — 

..."  I  have  since  had  the  satisfaction  to  learn  that  a  disposition  Fraukliu. 
to  abolish  slavery  prevails  in  North  America  ;  that  many  of  the  Penn- 
sylvanians  have  set  their  slaves  at  liberty ;  and  that  even  the  Virginia 
Assembly  have  petitioned  the  king  for  permission  to  make  a  law  for 
preventing  the  importation  of  more  into  that  Colony.  This  request, 
however,  will  probably  not  be  granted,  as  their  former  laws  of  that 
kind  have  always  been  repealed,  and  as  the  interest  of  a  few  mer- 
chants here  has  more  weight  with  Government  than  that  of  thousands 
at  a  distance."  —  Sparlcs's  Franklin,  vol.  viii.  p.  42. 

In  1789  was  issued  an  address  to  the  public,  bearing  the 
signature  of  this  venerable  man,  then  in  his  eighty-fourth 
year,  the  last  of  his   life.     This   address   is   here    reprinted 

entire :  — 

"AN   ADDRESS   TO   THE   PUBLIC. 

"  From,   the   Pennsylvania    Society  for   Promoting   the   Abolition   of 

Slavery,  and  the  Belief  of  Free  Negroes  unlawfully  held  in  Bondage. 

"  It  is  with  peculiar  satisfaction  we  assure  the  friends  of  humanity, 

that,  in  prosecuting  the  design  of  our  association,  our  endeavors  have 

proved  successful,  far  beyond  our  most  sanguine  expectations. 


36  AN   HISTORICAL   RESEARCH. 

Franklin.  "  Encouraged  by  this  success,  and  by  the  daily  progress  of  that 

luminous  and  benign  spirit  of  liberty  which  is  diffusing  itself  through- 
out the  world,  and  humbly  hoping  for  the  continuance  of  the  divine 
blessing  on  our  labors,  we  have  ventured  to  make  an  important 
addition  to  our  original  plan  ;  and  do  therefore  earnestly  solicit 
the  support  and  assistance  of  all  who  can  feel  the  tender  emotions 
of  sympathy  and  compassion,  or  relish  the  exalted  pleasure  of 
beneficence. 

"  Slavery  is  such  an  atrocious  debasement  of  human  nature,  that 
its  very  extirpation,  if  not  performed  with  solicitous  care,  may  some- 
times open  a  source  of  serious  evils. 

"  The  unhappy  man,  who  has  long  been  treated  as  a  brute  animal, 
too  frequently  sinks  beneath  the  common  standard  of  the  human  spe- 
cies. The  galling  chains  that  bind  bis  body  do  also  fetter  his  intel- 
lectual faculties,  and  impair  the  social  affections  of  his  heart. 
Accustomed  to  move  like  a  mere  machine,  by  the  will  of  a  master, 
reflection  is  suspended ;  he  has  not  the  power  of  choice ;  and  reason 
and  conscience  have  but  little  influence  over  his  conduct,  because  he  is 
chiefly  governed  by  the  passion  of  fear.  He  is  poor  and  friendless  ; 
perhaps  worn  out  by  extreme  labor,  age,  and  disease. 

"  Under  such  circumstances,  freedom  may  often  prove  a  misfortune 
to  himself,  and  prejudicial  to  society. 

"  Attention  to  emancipated  black  people,  it  is  therefore  to  be  hoped, 
will  become  a  branch  of  our  national  police ;  but,  as  far  as  we  con- 
tribute to  promote  this  emancipation,  so  far  that  attention  is  evidently 
a  serious  duty  incumbent  on  us,  and  which  we  mean  to  discharge  to 
the  best  of  our  judgment  and  abilities. 

"  To  instruct,  to  advise,  to  qualify  those  who  have  been  restored 
to  freedom,  for  the  exercise  and  enjoyment  of  civil  liberty ;  to  pro- 
mote in  them  habits  of  industry ;  to  furnish  them  with  employments 
suited  to  their  age,  sex,  talents,  and  other  circumstances ;  and  to  pro- 
cure their  children  an  education  calculated  for  their  future  situation  in 
life,  —  these  are  the  great  outlines  of  the  annexed  plan,  which  we 
have  adopted,  and  which  we  conceive  will  essentially  promote  the 
public  good,  and  the  happiness  of  these  our  hitherto  too  much  neglect- 
ed fellow-creatures. 

"  A  plan  so  extensive  cannot  be  carried  into  execution  without 
considerable  pecuniary  resources,  beyond  the  present  ordinary  funds 
of  the  Society.  We  hope  much  from  the  generosity  of  enlightened 
and  benevolent  freemen,  and  will  gratefully  receive  any  donations  or 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  37 

subscriptions  for  this  purpose  which  may  be  made  to  our  Treasurer,  Franklin. 

James  Starr,  or  to  James  Pemberton,  Chairman  of  our  Committee  of 

Correspondence.  "  Signed  by  order  of  the  Society, 

"  B.  Franklin,  President. 
"  Philadelphia,  9th  of  November,  1789." 

The  last  public  act  of  Dr.  Franklin  was  the  signing,  as 
President  of  the  Pennsylvania  Abolition  Society,  of  the  fol- 
lowing memorial  to  Congress :  — 

"  The  memorial  respectfully  showeth,  —  Memorial 

"  That,  from  a  regard  for  the  happiness  of  mankind,  an  associa-  t0  Con"    „ 

.  .  gress,  1790. 

tion  was  formed  several  years  since  in  this  State,  by  a  number  of  her 

citizens,  of  various  religious  denominations,  for  promoting  the  aboli- 
tion of  slavery,  and  for  the  relief  of  those  unlawfully  held  in  bondage. 
A  just  and  acute  conception  of  the  true  principles  of  liberty,  as  it 
spread  through  the  land,  produced  accessions  to  their  numbers,  many 
friends  to  their  cause,  and  a  legislative  co-operation  with  their  views, 
which,  by  the  blessing  of  Divine  Providence,  have  been  successfully 
directed  to  the  relieving  from  bondage  a  large  number  of  their  fellow- 
creatures  of  the  African  race.  They  have  also  the  satisfaction  to 
observe,  that,  in  consequence  of  that  spirit  of  philanthropy  and  genu- 
ine liberty  whieh  is  generally  diffusing  its  beneficial  influence,  similar 
institutions  are  forming  at  home  and  abroad. 

"  That  mankind  are  all  formed  by  the  same  Almighty  Being,  alike 
objects  of  his  care,  and  equally  designed  for  the  enjoyment  of  happi- 
ness, the  Christian  religion  teaches  us  to  believe,  and  the  political 
creed  of  Americans  fully  coincides  with  the  position.  Your  memorial- 
ists, particularly  engaged  in  attending  to  the  distresses  arising  from 
slavery,  believe  it  their  indispensable  duty  to  present  this  subject  to 
your  notice.  They  have  observed,  with  real  satisfaction,  that  many 
important  and  salutary  powers  are  vested  in  you  for  '  promoting 
the  welfare  and  securing  the  blessings  of  liberty  to  the  people  of  the 
United  States ' ;  and  as  they  conceive  that  these  blessings  ought  right- 
fully to  be  administered,  without  distinction  of  color,  to  all  descriptions 
of  people,  so  they  indulge  themselves  in  the  pleasing  expectation,  that 
nothing  which  can  be  done  for  the  relief  of  the  unhappy  objects  of 
their  care,  will  be  either  omitted  or  delayed. 

"  From  a  persuasion  that  equal  liberty  was  originally  the  portion, 
and  is  still  the  birth-right,  of  all  men  ;  and  influenced  by  the  strong 


38  AN   HISTORICAL   RESEARCH". 

Franklin,  ties  of  humanity,  and  the  principles  of  their  institution,  your  memori- 
alists conceive  themselves  bound  to  use  all  justifiable  endeavors  to 
loosen  the  bands  of  slavery,  and  promote  a  general  enjoyment  of  the 
blessings  of  freedom.  Under  these  impressions,  they  earnestly  entreat 
your  serious  attention  to  the  subject  of  slavery ;  that  you  will  be 
pleased  to  countenance  the  restoration  of  liberty  to  those  unhappy  men, 
who  alone,  in  this  land  of  freedom,  are  degraded  into  perpetual  bond- 
age, and  who,  amidst  the  general  joy  of  surrounding  freemen,  are 
groaning  in  servile  subjection ;  that  you  will  devise  means  for  remov- 
ing this  inconsistency  from  the  character  of  the  American  people  ; 
that  you  will  promote  mercy  and  justice  towards  this  distressed  race  ; 
and  that  you  will  step  to  the  very  verge  of  the  power  vested  in  you  for 
discouraging  every  species  of  traffic  in  the  persons  of  our  fellow-men. 

"Bexj.  Franklin,  President. 
"  Philadelphia,  February  3,  1790." 

(Annals  of  Congress,  vol.  ii.  p.  1197.) 

The  memorial  occasioned  a  debate,  in  which  some  of  the 
members  attempted  to  justify  slavery.  This  gave  rise  to  a 
characteristic  paper,  communicated  by  Dr.  Franklin  to  the 
"  Federal  Gazette  "  of  March  25, 1790,  and  dated  only  twenty- 
four  days  before  his  death.  By  way  of  parody,  he  exposes 
the  absurdity  of  the  reasoning  adopted  by  those  who  opposed 
the  memorial :  — 

"  To  the  Editor  of  the  '  Federal  Gazette.' 

"  March  23,  1790. 
"  Sir,  —  Reading  last  night  in  your  excellent  paper  the  speech 
of  Mr.  Jackson  in  Congress  against  their  meddling  with  the  affair  of 
slavery,  or  attempting  to  mend  the  condition  of  the  slaves,  it  put  me 
in  mind  of  a  similar  one,  made  about  one  hundred  years  since,  by 
Sidi  Mehemet  Ibrahim,  a  member  of  the  Divan  of  Algier.?,  which 
may  be  seen  in  Martin's  Account  of  his  Consulship,  anno  1G87.  It 
was  against  granting  the  petition  of  the  sect  called  Erika,  or  Purists, 
who  prayed  for  the  abolition  of  piracy  and  slavery  as  being  unjust. 
Mr.  Jackson  does  not  quote  it :  perhaps  he  has  not  seen  it.  If;  there- 
fore, some  of  its  reasonings  are  to  be  found  in  his  eloquent  speech,  it 
may  only  show  that  men's  interests  and  intellects  operate,  and  are 
operated  on,  with  surprising  similarity  in  all  countries  and  climates, 
whenever  they  are  under  similar  circumstances.  The  African's  speech, 
as  translated,  is  as  follows  :  — 


NEGROES    AS    SLAVES    AND    AS    CITIZENS.  39 


"'Allah  Bismillah,  &c.     God  is  qreat,  and  Mahomet  is  h's  Prophet.       Franklin's 

J         '  -i  parody  on 

a  pro- 

"  '  Have  these  Erika  considered  the  consequences  of  granting  their  l*™*^ 
petition  ?  If  we  cease  our  cruises  against  the  Christians,  how  shall 
we  he  furnished  with  the  commodities  their  countries  produce,  and 
which  are  so  necessary  for  us  ?  If  we  forbear  to  make  slaves  of  their 
people,  who,  in  this  hot  climate,  are  to  cultivate  our  lands  ?  Who  are 
to  perform  the  common  labors  of  our  city,  and  in  our  families  ?  Must 
we  not  then  be  our  own  slaves  ?  And  is  there  not  more  compassion 
and  more  favor  due  to  us  as  Mussulmen  than  to  these  Christian  dogs  ? 
We  have  now  above  fifty  thousand  slaves  in  and  near  Algiers.  This 
number,  if  not  kept  up  by  fresh  supplies,  will  soon  diminish,  and  be 
gradually  annihilated.  If  we,  then,  cease  taking  and  plundering  the 
infidej  ships,  making  slaves  of  the  seamen  and  passengers,  our  lands 
will  become  of  no  value  for  want  of  cultivation  ;  the  rents  of  houses  in 
the  city  will  sink  one-half;  and  the  revenue  of  government,  arising 
from  its  share  of  prizes,  be  totally  destroyed.  And  for  what  ?  To 
gratify  the  whims  of  a  whimsical  sect,  who  would  have  us  not  only 
forbear  making  more  slaves,  but  even  manumit  those  we  have. 

"  '  But  who  is  to  indemnify  their  masters  for  the  loss  ?  Will  the 
State  do  it  ?  Is  our  treasury  sufficient  ?  Will  the  Erika  do  it  ?  Can 
they  do  it  ?  Or  would  they,  to  do  what  they  think  justice  to  the  slaves, 
do  a  greater  injustice  to  the  owners  ?  And,  if  we  set  our  slaves  free, 
what  is  to  be  done  with  them  ?  Few  of  them  will  return  to  their 
countries ;  they  know  too  well  the  greater  hardships  they  must  there 
be  subject  to  ;  they  will  not  embrace  our  holy  religion  ;  they  will  not 
adopt  our  manners ;  our  people  will  not  pollute  themselves  by  inter- 
marrying with  them.  Must  we  maintain  them  as  beggars  in  our 
streets,  or  suffer  our  properties  to  be  the  prey  of  their  pillage  ?  For 
men  accustomed  to  slavery  mil  not  work  for  a  livelihood  when  not 
compelled.  And  what  is  there  so  pitiable  in  their  present  condition  ? 
Were  they  not  slaves  in  their  own  countries  ? 

"  '  Are  not  Spain,  Portugal,  France,  and  the  Italian  States, 
governed  by  despots,  who  hold  all  their  subjects  in  slavery,  without 
exception  ?  Even  England  treats  its  sailors  as  slaves  :  for  they  are, 
whenever  the  government  pleases,  seized,  and  confined  in  ships  of  war  ; 
condemned  not  only  to  work,  but  to  fight,  for  small  wages,  or  a  mere 
subsistence,  not  better  than  our  slaves  are  allowed  by  us.  Is  their 
condition,  then,  made  worse  by  their  falling  into  our  hands  ?  No  : 
they  have  only  exchanged  one  slavery  for  another,  and  I  may  say,  a 


40  AN   HISTORICAL   RESEARCH. 

Fmnklin's  better ;    for  here  they  are   brought  into   a   land  where   the  sun  of 
a  pro-  Islamism  gives  forth  its  light,  and  shines  in  full  splendor  ;  and  they 

sueeclT  l]ave  aa  opportunity  of  making  themselves  acquainted  with  the  true 
doctrine,  and  thereby  saving  their  immortal  souls.  Those  who  re- 
main at  home  have  not  that  happiness.  Sending  the  slaves  home, 
then,  would  be  sending  them  out  of  light  into  darkness. 

"  '  I  repeat  the  question,  What  is  to  be  done  with  them  ?  I  have 
heard  it  suggested  that  they  may  be  planted  in  the  wilderness,  where 
there  is  plenty  of  land  for  them  to  subsist  on,  and  where  they  may 
flourish  as  a  free  State  ;  but  they  are,  I  doubt,  too  little  disposed  to 
labor  without  compulsion,  as  well  as  too  ignorant  to  establish  a  good 
government,  and  the  wild  Arabs  would  soon  molest  and  destroy  or 
again  enslave  them.  While  serving  us,  we  take  care  to  provide  them 
with  every  thing,  and  they  are  treated  with  humanity.  The  laborers 
in  their  own  country  are,  as  I  am  well  informed,  worse  fed,  lodged, 
and  clothed. 

"  '  The  condition  of  most  of  them  is,  therefore,  already  mended, 
and  requires  no  further  improvement.  Here  their  lives  are  in  safety. 
They  are  not  liable  to  be  impressed  for  soldiers,  and  forced  to  cut  one 
another's  Christian  throats,  as  in  the  wars  of  their  own  countries.  If 
some  of  the  religious  mad  bigots,  who  now  tease  us  with  their  silly 
petitions,  have,  in  a  fit  of  blind  zeal,  freed  their  slaves,  it  was  not 
generosity,  it  was  not  humanity,  that  moved  them  to  the  action  :  it 
was  from  the  conscious  burthen  of  a  load  of  sins,  and  a  hope,  from  the 
supposed  merits  of  so  good  a  work,  to  be  excused  from  damnation. 

"  '  How  grossly  are  they  mistaken  to  suppose  slavery  to  be  dis- 
allowed by  the  Alcoran  !  Are  not  the  two  precepts,  to  quote  no 
more,  '  Masters,  treat  your  slaves  with  kindness ;  slaves,  serve  your 
masters  with  cheerfulness  and  fidelity,'  clear  proofs  to  the  contrary  ? 
Nor  can  the  plundering  of  infidels  be  in  that  sacred  book  forbidden, 
since  it  is  well  known  from  it  that  God  has  given  the  world,  and  all 
that  it  contains,  to  his  faithful  Mussulmen,  who  are  to  enjoy  it  of 
right  as  fast  as  they  conquer  it.  Let  us,  then,  hear  no  more  of  this 
detestable  proposition,  —  the  manumission  of  Christian  slaves;  the 
adoption  of  which  would,  by  depreciating  our  lands  and  houses, 
and  thereby  depriving  so  many  good  citizens  of  their  properties, 
create  universal  discontent,  and  provoke  insurrections,  to  the  endan- 
gering of  government,  and  producing  general  confusion.  I  have, 
therefore,  no  doubt  but  this  wise  council  will  prefer  the  comfort  and 
happiness  of  a  whole  nation  of  true  believers  to  the  whim  of  a  few 
Erika,  and  dismiss  their  petition.' 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  41 

"  The  result  was,  as  Martin  tells  us,  that  the  Divan  came  to  this  Franklin's 

i  /~il    •      parody  on 

resolution:   'The  doctrine  that  plundering  and  enslaving  the  Chris- a  pro- 

tians  is  unjust,  is,  at  best,  problematical ;  but  that  it  is  the  interest  of  meedi. 

this  State  to  continue  the  practice,  is  clear :  therefore  let  the  petition 

be  rejected.' 

"  And  it  was  rejected  accordingly. 

"  And  since  like  motives  are  apt  to  produce  in  the  minds  of  men 
like  opinions  and  resolutions,  may  we  not,  Mr.  Brown,  venture  to 
predict,  from  this  account,  that  the  petitions  to  the  Parliament  of 
England  for  abolishing  the  slave-trade,  to  say  nothing  of  other  Legis- 
latures, and  the  debates  upon  them,  will  have  a  similar  conclusion  ? 
I  am,  sir,  your  constant  reader  and  humble  servant, 

Historicus." 
(Sparks's  Franklin,  vol.  ii.  pp.  517-521.) 

It  is  not  necessary  now  to  produce  the  opinions  of  other 
members  of  the  Convention :  some  of  them  expressed  their 
views  fully  during  the  debates,  and  specimens  of  their 
speeches  will  presently  be  given.  But  it  is  not  out  of  place 
here  to  inquire  whether  the  leading  statesmen  of  the  country 
at  that  time,  who  were  not  members  of  the  Convention,  held 
opinions  substantially  the  same  as  those  of  "Washington  and 
Franklin. 

John  Adams  and  Thomas  Jefferson  —  among  the  foremost 
men  in  founding  the  Republic  —  were,  at  the  time  the  Con- 
vention was  held,  serving  their  country  abroad ;  the  former 
as  ambassador  to  England;  the  latter,  to  France.  The 
opinions  of  Mr.  Adams  on  slavery  may  be  briefly  given  in 
an  extract  from  a  letter  written  only  a  few  years  before  his 
death  :  — 

"  I  have,  through  my  whole  life,  held  the  practice  of  slavery  in 
such  abhorrence,  that  I  have  never  owned  a  negro  or  any  other  slave  :  vv11 
though  I  have  lived  for  many  years  in  times  when  the  practice  was 
not  disgraceful  ;  when  the  best  men  in  my  vicinity  thought  it  not  in- 
consistent with  their  character ;  and  when  it  has  cost  me  thousands 
of  dollars  for  the  labor  and  subsistence  of  free  men,  which  I  might 
have  saved  by  the  purchase  of  negroes  at  times  when  they  were  very 
cheap." —  Works  of  John  Adams,  vol.  x.  p.  380. 

6 


42 


AN   HISTORICAL   RESEARCH. 


Jefferson. 


Notes  on 
Virginia. 


Mr.  Jefferson's  sentiments  before  and  at  the  time  of  the 
Declaration  of  Independence  have  already  been  given.  They 
were  still  more  strongly  expressed  in  his  "  Notes  on  Virginia," 
in  1782: — 

"  The  whole  commerce  between  master  and  slave  is  a  perpetual 
exercise  of  the  most  boisterous  passions  ;  the  most  unremitting  despot- 
ism on  the  one  part,  and  degrading  submissions  on  the  other.  Our 
children  see  this,  and  learn  to  imitate  it ;  for  man  is  an  imitative 
animal.  This  quality  is  the  germ  of  all  education  in  him.  From  his 
cradle  to  his  grave,  he  is  learning  to  do  what  he  sees  others  do.  If 
a  parent  could  find  no  motive,  either  in  his  philanthropy  or  his  self- 
love,  for  restraining  the  intemperance  of  passion  towards  his  slave,  it 
should  always  be  a  sufficient  one  that  his  child  is  present.  But  gener- 
ally it  is  not  sufficient.  The  parent  storms  ;  the  child  looks  on, 
catches  the  lineaments  of  wrath,  puts  on  the  same  airs  in  the  circle  of 
smaller  slaves,  gives  a  loose  to  the  worst  of  passions  ;  and  thus  nursed, 
educated,  and  daily  exercised  in  tyranny,  cannot  but  be  stamped  by  it 
with  odious  peculiarities.  The  man  must  be  a  prodigy  who  can 
retain  his  manners  and  morals  undepraved  by  such  circumstances. 
And  with  what  execration  should  the  statesman  be  loaded,  who,  per- 
mitting one-half  the  citizens  thus  to  trample  on  the  rights  of  the  other, 
transforms  those  into  despots,  and  these  into  enemies;  destroys  the 
morals  of  the  one  part,  and  the  amor  patriae  of  the  other !  For,  if  a 
slave  can  have  a  country  in  this  world,  it  must  be  any  other  in  prefer- 
ence to  that  in  which  he  is  born  to  live  and  labor  for  another ;  in 
which  he  must  lock  up  the  faculties  of  his  nature,  contribute  as  far  as 
depends  on  his  individual  endeavors  to  the  evanishment  of  the  human 
race,  or  entail  his  own  miserable  condition  on  the  endless  generations 
proceeding  from  him.  With  the  morals  of  the  people,  their  industry 
also  is  destroyed.  For  in  a  warm  climate,  no  man  will  labor  for 
himself  who  can  make  another  labor  for  him.  This  is  so  true,  that, 
of  the  proprietors  of  slaves,  a  very  small  proportion  indeed  are  ever 
seen  to  labor.  And  can  the  liberties  of  a  nation  be  thought  secure 
when  we  have  removed  their  only  firm  basis,  —  a  conviction  in  the 
minds  of  the  people  that  these  liberties  are  of  the  gift  of  God  ?  —  that 
they  are  not  to  be  violated  but  with  his  wrath  ?  Indeed  I  tremble  for 
my  country,  when  I  reflect  that  God  is  just ;  that  his  justice  cannot 
sleep  for  ever ;  that  considering  numbers,  nature,  and  natural  means 
only,  a  revolution  of  the  wheel  of  fortune,  an  exchange  of  situation,  is 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  43 

among  possible  events ;  that  it  may  become  probable  by  supernatural  Jefferson, 
interference.  The  Almighty  has  no  attribute  which  can  take  side 
with  us  in  such  a  contest.  But  it  is  impossible  to  be  temperate,  and 
to  pursue  this  subject  through  the  various  considerations  of  policy,  of 
morals,  of  history  natural  and  civil.  We  must  be  contented  to  hope 
they  will  force  their  way  into  every  one's  mind.  I  think  a  change 
already  perceptible,  since  the  origin  of  the  present  revolution.  The 
spirit  of  the  master  is  abating,  —  that  of  the  slave  rising  from  the  dust ; 
his  condition  mollifying ;  the  way,  I  hope,  preparing,  under  the  auspices 
of  Heaven,  for  a  total  emancipation  ;  and  that  this  is  disposed,  in  the 
order  of  events,  to  be  with  the  consent  of  the  masters,  rather  than 
by  their  extirpation."  —  Jefferson's  Writings,  vol.  viii.  pp.  403,  404. 

In  a  letter  to  Dr.  Price,  dated  at  London  on  the  7th  of 
August,  1785,  Mr.  Jefferson  thus  tells  him  what  will  be  the 
probable  effect  of  his  late  pamphlet,  in  which  the  abolition  of 
slavery  is  strenuously  urged :  — 

"  From  the  mouth  to  the  head  of  the  Chesapeake,  the  bulk  of  the 
people  will  approve  it  in  theory,  and  it  will  find  a  respectable  minority 
ready  to  adopt  it  in  practice  ;  a  minority,  which,  for  weight  and  worth 
of  character,  preponderates  against  the  greater  number,  who  have  not 
the  courage  to  divest  their  families  of  a  property,  which,  however, 
keeps  their  conscience  unquiet.  Northward  of  the  Chesapeake,  you 
may  find  here  and  there  an  opponent  to  your  doctrine,  as  you  may 
find  here  and  there  a  robber  and  murderer ;  but  in  no  greater  number. 
In  that  part  of  America,  there  being  but  few  slaves,  they  can  easily 
disencumber  themselves  of  them  ;  and  emancipation  is  put  into  such  a 
train,  that  in  a  few  years  there  will  be  no  slaves  northward  of  Mary- 
land. In  Maryland,  I  do  not  find  such  a  disposition  to  begin  the 
redress  of  this  enormity,  as  in  Virginia.  This  is  the  nest  State  to 
which  we  may  turn  our  eyes  for  the  interesting  spectacle  of  justice  in 
conflict  with  avarice  and  oppression ;  a  conflict  wherein  the  sacred 
side  is  gaining  daily  recruits,  from  the  influx  into  office  of  young  men 
grown,  and  growing  up.  These  have  sucked  in  the  principles  of  lib- 
erty, as  it  were,  with  their  mothers'  milk  ;  and  it  is  to  them  I  look 
with  anxiety  to  turn  the  fate  of  this  question.  Be  not  therefore  dis- 
couraged. What  you  have  written  will  do  a  great  deal  of  good  ;  and, 
could  you  still  trouble  yourself  with  our  welfare,  no  man  is  more  able 
to  give  aid  to  the  laboring  side."  —  Jefferson's  Writings,  vol.  i.  p.  377. 


44  AN    HISTORICAL   RESEARCH. 

Jefferson.  While  Mr.  Jefferson  was  in  France,  in  1786,  he  furnished 
M.  Demeunier  with  many  materials  for  his  copious  article  on 
the  United  States,  about  to  appear  in  the  great  "Encyclopedic 
Methodique  " ;  and  he  revised  the  manuscript  of  the  whole 
article  with  great  care.  The  following  is  part  of  a  note  to 
the  author,  most  of  which  he  translated  into  French,  and  in- 
corporated in  his  own  work,  where  it  stands  as  a  perpetual 
record  of  Mr.  Jefferson's  sentiments  at  that  time :  — 

"  M.  de  Meusnier,  where  he  mentions  that  the  slave-law  has  been 
passed  in  Virginia  without  the  clause  of  emancipation,  is  pleased 
to  mention,  that  neither  Mr.  Wythe  nor  Mr.  Jefferson  was  present  to 
make  the  proposition  they  had  meditated  :  from  which,  people,  who 
do  not  give  themselves  the  trouble  to  reflect  or  inquire,  might  conclude 
hastily,  that  their  absence  was  the  cause  why  the  proposition  was  not 
made  ;  and,  of  course,  that  there  were  not,  in  the  Assembly,  persons 
of  virtue  and  firmness  enough  to  propose  the  clause  for  emancipation. 
This  supposition  would  not  be  true.  There  were  persons  there,  who 
wanted  neither  the  virtue  to  propose  nor  talents  to  enforce  the  proposi- 
tion, had  they  seen  that  the  disposition  of  the  Legislature  was  ripe  for 
it.  These  worthy  characters  would  feel  themselves  wounded,  degrad- 
ed, and  discouraged  by  this  idea.  Mr.  Jefferson  would  therefore  be 
obliged  to  M.  de  Meusnier  to  mention  it  in  some  such  manner  as  this  : 
'  Of  the  two  commissioners,  who  had  concerted  the  amendatory  clause 
for  the  gradual  emancipation  of  slaves,  Mr.  Wythe  could  not  be  pre- 
sent, he  being  a  member  of  the  judiciary  department ;  and  Mr.  Jeffer- 
son was  absent  on  the  legation  to  France.  But  there  were  not  wanting, 
in  that  Assembly,  men  of  virtue  enough  to  propose,  and  talents  to 
vindicate,  this  clause.  But  they  saw  that  the  moment  of  doing  it 
with  success  was  not  yet  arrived,  and  that  an  unsuccessful  effort,  as 
too  often  happens,  would  ouly  rivet  still  closer  the  chains  of  bondage, 
and  retard  the  moment  of  delivery  to  this  oppressed  description  of 
men.  What  a  stupendous,  what  an  incomprehensible  machine  is  man, 
who  can  endure  toil,  famine,  stripes,  imprisonment,  and  death  itself, 
in  vindication  of  his  own  liberty,  and,  the  next  moment,  be  deaf  to  all 
those  motives  whose  power  supported  him  through  his  trial,  and 
inflict  on  his  fellow-men  a  bondage,  one  hour  of  which  is  fraught  with 
more  misery  than  ages  of  that  which  he  rose  in  rebellion  to  oppose  ! 
But  we  must  await  with  patience  the  workings  of  an  overruling  Provi- 


NEGROES   AS   SLATES   AND   AS   CITIZENS.  45 

deuce,  and  hope  that  that  is  preparing  the  deliverance  of  these  our  Jefferson, 
suffering  brethren.  When  the  measure  of  their  tears  shall  be  full ; 
when  their  groans  shall  have  involved  heaven  itself  in  darkness,  — 
doubtless  a  God  of  justice  will  awaken  to  their  distress,  and,  by  diffus- 
ing light  and  liberality  among  their  oppressors,  or,  at  length,  by  his 
exterminating  thunder,  manifest  his  attention  to  the  things  of  this 
world,  and  that  they  are  not  left  to  the  guidance  of  a  blind  fatality.' " 
—  Jefferson's  Writings,  vol.  ix.  pp.  278,  279 

In  his  "  Autobiography,"  written  only  a  few  years  before 
his  death,  alluding  to  the  above-mentioned  slave-law,  he 
says,— 

"  The  bill  on  the  subject  of  slaves  was  a  mere  digest  of  the  exist- 
ing laws  respecting  them,  without  any  intimation  of  a  plan  for  a 
future  and  general  emancipation.  It  was  thought  better  that  this 
should  be  kept  back,  and  attempted  only  by  way  of  amendment,  when- 
ever the  bill  should  be  brought  on.  The  principles  of  the  amendment, 
however,  were  agreed  on  ;  that  is  to  say,  the  freedom  of  all  born 
after  a  certain  day,  and  deportation  at  a  proper  age.  But  it  was 
found  that  the  public  mind  would  not  bear  the  proposition,  nor  will  it 
bear  it  even  at  this  day.  Yet  the  day  is  not  distant  when  it  must 
bear  and  adopt  it,  or  worse  will  follow.  Nothing  is  more  certainly 
written  in  the  book  of  fate,  than  that  these  people  are  to  be  free  ;  nor 
is  it  less  certain  that  the  two  races,  equally  free,  cannot  live  in  the 
same  government.  Nature,  habit,  opinion,  have  drawn  indelible  lines 
of  distinction  between  them.  It  is  still  in  our  power  to  direct  the 
process  of  emancipation  and  deportation  peaceably,  and  in  such  slow 
degree  as  that  the  evil  will  wear  off  insensibly,  and  their  place  be,  pqri 
passu,  filled  up  by  free  white  laborers.  If,  on  the  contrary,  it  is  left 
to  force  itself  on,  human  nature  must  shudder  at  the  prospect  held  up. 
We  should  in  vain  look  for  an  example  in  the  Spanish  deportation  or 
deletion  of  the  Moors.  This  precedent  would  fall  far  short  of  our 
case."  —  Jefferson's   Writings,  vol.  i.  pp.  48,  49. 

The  opinions  on  slavery  of  that  pure  patriot  and   able  John  Jay. 
statesman,  John  Jay,  the  first  Chief-Justice  of  the  United- 
States  Supreme   Court,  appointed   by  Washington  (who  so 
highly  appreciated  his  character  and  talents,  that  he  tendered 
him  a  choice  of  the  offices  in  his  gift),  are  so  well  known, 


46  AN   HISTORICAL    RESEARCH. 

John  Jay.  that  it  is  not  important  to  cite  here  any  extended  extracts 
from  his  writings  on  the  subject.  Two  or  three  passages  from 
his  printed  works  and  his  manuscripts  will  be  quite  sufficient 
for  my  present  purpose. 

In  1777,  Mr.  Jay  strenuously  urged  the  insertion  of  an 
article  in  the  Constitution  of  the  State  of  New  York,  adopted 
in  that  year,  providing  for  the  early  abolition  of  slavery ;  "  so 
that,  in  future  ages,  every  human  being  who  breathes  the  air 
of  this  State  shall  enjoy  the  privileges  of  a  freeman." — Flan- 
ders's  Lives  and  Times  of  the  Chief  Justices,  p.  216. 

In  1780,  writing  from  Spain  to  Egbert  Benson,  the  Attor- 
ney-general of  New  York,  Mr.  Jay  said :  — 

"  An  excellent  law  might  be  made  out  of  the  Pennsylvania  one 
for  the  gradual  abolition  of  slavery.  Till  America  comes  into  this 
measure,  her  prayers  to  Heaven  for  liberty  will  be  impious.  This  is  a 
strong  expression,  but  it  is  just.  AYere  I  in  your  Legislature,  I  would 
prepare  a  bill  for  the  purpose  with  great  care  ;  and  I  would  never  cease 
moving  it  till  it  became  a  law,  or  I  ceased  to  be  a  member.  I  believe 
God  governs  the  world  ;  and  I  believe  it  to  be  a  maxim  in  his  as  in 
our  court,  that  those  who  ask  for  equity  ought  to  do  it."  —  Life  and 
Writings  of  John  Jay,  vol.  i.  22'J,  230. 

In  1785,  Mr.  Jay  wrote :  — 

"  It  is  much  to  be  wished  that  slavery  may  be  abolished.  The  honor 
of  the  States,  as  well  as  justice  and  humanity,  in  my  opinion,  loudly 
call  upon  them  to  emancipate  these  unhappy  people.  To  contend  for 
our  own  liberty,  and  to  deny  that  blessing  to  others,  involves  an  incon- 
sistency not  to  be  excused."  —  Idem,  vol.  i.  p.  231. 

In  1786,  Mr.  Jay  drafted  a  memorial  to  the  Legislature  of 
the  State  of  New  York,  which  commenced  with  the  declara- 
tion :  — 

"  Your  memorialists,  being  deeply  affected  by  the  situation  of 
those  who,  although  free  by  the  laws  of  God,  are  held  in  slavery  by 
the  laws  of  this  State,  view  with  pain  and  regret  the  additional  miser- 
ies which  these  unhappy  people  experience  from  the  practice  of 
exporting  them,  like  cattle,  to  the  West  Indies  and  the  Southern 
States." 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  47 

This  memorial  was  signed  by  John  Jay;  Alexander  Hamil- John  Jay. 
ton ;  Robert  R.  Livingston,  Chancellor  of  the  State ;  James 
Duane,  Mayor  of  the  City  of  New  York ;  and  one  hundred 
and  twenty-nine  others,  including  many  eminent  civilians  and 
clergymen.  The  Constitution  of  the  Manumission  Society, 
from  which  this  memorial  proceeded,  declared  it  to  be  the 
duty  of  Christians  to  endeavor  to  enable  the  slaves  "  to  share 
equally  with  us  in  our  civil  and  religious  liberty,  to  which 
they  are  by  nature  as  much  entitled  as  ourselves." 

As  President  of  the  New- York  Manumission  Society  (an 
office  held  by  Mr.  Jay  until  his  appointment  as  Chief-Justice, 
when  he  resigned  it,  and  Alexander  Hamilton,  Secretary  of 
the  Treasury,  was  elected  in  his  place),  he  drafted  a  public 
acknowledgment  of  an  anonymous  gift  to  the  treasury  of  the 
Society,  of  which  the  following  is  an  extract:  — 

"  What  act  of  public  or  private  justice  ami  philanthropy  can 
occasion  more  pleasing  emotions  in  the  breasts  of  Christians,  or  be 
more  agreeable  to  Him  who  shed  his  blood  for  the  redemption  of  men, 
than  such  as  tend  to  restore  the  oppressed  to  their  natural  rights,  and 
to  raise  unfortunate  members  of  the  same  great  family  with  ourselves 
from  the  abject  situation  of  beasts  of  burthen,  bought  and  sold  and 
worked  for  the  benefit  and  at  the  pleasure  of  persons  who  were  not 
created  more  free,  more  rational,  more  immortal,  nor  with  more 
extensive  rights  and  privileges,  than  they  were."  —  From  the  original 
MS.  in  the  Jay  Collection  at  Bedford,  N.Y. 

The  candid  reader  cannot  fail  to  contrast  these  sentiments 
of  the  first  Chief-Justice  with  the  assertion  of  his  latest  suc- 
cessor, Chief-Justice  Taney,  that,  at  the  time  the  Constitution 
of  the  United  States  was  formed,  the  opinion  was  "fixed  and 
universal  in  the  civilized  j^ortion  of  the  ichite  race"  that  the 
negro  "had  no  rights  which  the  ichite  man  was  bound  to 
respect." 

The  eminent  South-Carolina  patriots,  Christopher  Gadsden 
and  Henry  Laurens,  have  left  their  testimony  on  this  subject 
in  no  ambiguous  terms. 


48 


AN   HISTORICAL   RESEARCH. 


Christo- 
pher 
Gadsden. 


Henry 
Laurens. 


Mr.  Gadsden  was  one  of  the-most  prominent  public  servants 
of  the  South,  both  in  the  Continental  and  the  Colonial  Legis- 
latures. In  a  letter  to  Fr.  S.  Johnson,  in  Connecticut,  dated 
at  Charleston,  S.C.,  16th  April,  17G6,  he  says, — 

"  We  are  a  very  weak  province,  a  rich  growing  one,  and  of  as 
much  importance  to  Great  Britain  as  any  upon  the  continent ;  and 
great  part  of  our  weakness  (though  at  the  same  time  'tis  part  of  our 
riches)  consists  in  having  such  a  number  of  slaves  amongst  us ;  and 
we  find  in  our  case,  according  to  the  general  perceptible  workings  of 
Providence,  where  the  crime  most  commonly  though  slowly,  yet  surely, 
draws  a  similar  and  suitable  punishment,  that  slavery  begets  slavery. 
Jamaica  and  our  West-India  Islands  demonstrate  this  observation, 
which  I  hope  will  not  be  our  case  now,  whatever  might  have  been 
the  consequences  had  the  fatal  attempts  been  delayed  a  few  years 
longer,  when  we  had  drank  deeper  of  the  Circean  draught,  and  the 
measure  of  our  iniquities  were  filled  up."  —  MS.  Letter  (printed  in 
the  Hist.  Mag.,  Sept.  1861,  p.  2G1)  in  possession  of  the  Hon.  George 
Bancroft. 

Mr.  Laurens  was  for  two  years  President  of  the  Continen- 
tal Congress,  and  afterwards  appointed  minister  to  Holland. 
He  was  a  commissioner,  with  Franklin  and  Jay,  for  negotiat- 
ing a  peace  with  Great  Britain. 

Mr.  Laurens  wrote  to  his  son,  from  Charleston,  S.C.,  14th 
August,  1776  :  — 

"  You  know,  my  dear  son,  I  abhor  slavery.  I  was  born  in  a 
country  where  slavery  had  been  established  by  British  kings  and  par- 
liaments, as  well  as  by  the  laws  of  that  country,  ages  before  my 
existence.  I  found  the  Christian  religion  and  slavery  growing  under 
the  same  authority  and  cultivation.  I  nevertheless  disliked  it.  In 
former  days,  there  was  no  combating  the  prejudices  of  men  supported 
by  interest :  the  day,  I  hope,  is  approaching,  when,  from  principles 
of  gratitude  as  well  as  justice,  every  man  will  strive  to  be  foremost  in 
showing  his  readiness  to  comply  with  the  golden  rule.  Not  less  than 
twenty  thousand  pounds  sterling  would  all  my  negroes  produce,  if 
sold  at  public  auction  to-morrow.  I  am  not  the  man  who  enslaved 
them  ;  they  are  indebted  to  Englishmen  for  that  favor :  nevertheless, 
I  am  devising  means  for  manumitting  many  of  them,  and  for  cutting 


NEGEOES   AS   SLAVES   AND   AS   CITIZENS.  49 

off  the  entail  of  slavery.     Great  powers  oppose  me,  —  the  laws  and  Henry 
customs  of  my  country,  my  own  and  the  avarice  of  my  countrymen. 
What  will  my  children  say  if  I  deprive  them  of  so  much  estate  ? 
These  are  difficulties,  but  not  insuperable.     I  will  do  as  much  as  I 
can  in  my  time,  and  leave  the  rest  to  a  better  hand. 

"  I  am  not  one  of  those  who  arrogate  the  peculiar  care  of  Provi- 
dence in  each  fortunate  event ;  nor  one  of  those  who  dare  trust  in 
Providence  for  defence  and  security  of  their  own  liberty,  while  they 
enslave,  and  wish  to  continue  in  slavery,  thousands  who  are  as  well 
entitled  to  freedom  as  themselves.  I  perceive  the  work  before  me  is 
great.  I  shall  appear  to  many  as  a  promoter,  not  only  of  strange, 
but  of  dangerous  doctrines :  it  will  therefore  be  necessary  to  proceed 
with  caution.  You  are  apparently  deeply  interested  in  this  affair  ; 
but,  as  I  have  no  doubts  concerning  your  concurrence  and  approba- 
tion, I  most  sincerely  wish  for  your  advice  and  assistance,  and  hope 
to  receive  both  in  good  time." — Collection  of  the  Zenger  Club, 
pp.  20,  21. 

Such  were   the   prevailing  principles  of  the   people,  as  Federal 
expressed  by  their  leading  representatives,  when  the  Conven-  tion. 
tion  for  framing  the  Federal  Constitution  assembled  in  Phila- 
delphia, in  May,  1787.     It  is  highly  proper  that  a  constant 
regard  should  be  had  to  these  principles  in  interpreting  the 
language  of  the  Constitution. 

The  position  and  purpose  of  the  Convention  were  unprece- 
dented. It  was  the  first  time  in  the  history  of  the  World  that 
an  assemblage  of  men  had  been  called  together,  with  dele- 
gated power  from  the  people,  to  prepare  an  instrument  which 
was  to  establish  a  Government,  and  to  be  the  source  and  test 
of  all  their  laws. 

Some  of  the  delegates  to  this  Convention  had  been  mem- 
bers of  the  Continental  Congress  of  1776  ;  and,  as  was  said 
by  John  Quincy  Adams  at  the  Jubilee  of  the  Constitution  in 
New  York,  "  this  act  was  the  complement  to  the  Declaration 
of  Independence  ;  founded  upon  the  same  principles,  carrying 
them  out  into  practical  execution,  and  forming  with  it  one 
entire  system  of  national  government." 

7 


50 


AN    HISTORICAL    RESEARCH. 


The  Con- 
stitution 
and  tbe 
Declara- 
tion of 
Indepen- 
dence. 


The  Articles  of  Confederation  proved  an  unsuccessful  ex- 
periment. "When  the  exigencies  of  the  war  were  over,  and 
the  Government  fully  assumed  the  functions  of  an  independ- 
ent nation,  it  was  seen  that  an  error  had  been  committed  iu 
"  the  substitution  of  State  sovereignty,  instead  of  the  constitu- 
ent sovereignty  of  the  people,  as  the  foundation  of  the  Revo- 
lution and  of  the  Union."  It  is  a  significant  fact,  that,  in 
the  Preamble  to  the  Constitution,  this  departure  from  the 
principles  of  the  Declaration  of  Independence  is  tacitly  recog- 
nized, and  is  rectified  by  a  recurrence  to  the  truth,  that  to 
secure  the  rights  of  life,  liberty,  and  the  pursuit  of  happiness, 
governments  are  instituted  among  men,  deriving  their  just 
powers  from  the  consent  of  the  governed. 

This  preamble,  of  only  a  single  sentence,  is  the  key  to  the 
Constitution.  Without  considering  and  comprehending  it,  no 
one  should  attempt  to  interpret  any  of  the  separate  articles 
of  that  instrument. 

"  We,  the  people  of  the  United  States,  in  order  to  form  a 
more  perfect  union,  establish  justice,  insure  domestic  tran- 
quillity, provide  for  the  common  defence,  promote  the  general 
welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and 
our  posterity,  do  ordain  and  establish  this  constitution  for 
the  United  States  of  America." 

The  Constitution  is,  and  was  intended  to  be,  the  people's 
document,  —  the  palladium  of  their  liberty.  It  was  to  defend 
and  to  bless  the  negro  as  well  as  the  white  man :  for  negroes 
had  fought  side  by  side  with  our  white  soldiers  in  the  com- 
mon struggle  for  liberty  ;  and,  in  several  of  the  States,  they, 
as  citizens,  had  voted  for  the  delegates  to  the  Convention, 
and  afterwards  on  the  adoption  of  the  Constitution. 

It  was  established  for  the  purpose  of  securing  liberty ;  and 
nothing  can  be  clearer  to  a  careful  student  of  the  history  of 
that  period,  than  that  the  authors  of  the  Declaration  of  Inde- 
pendence and  of  the  Constitution  of  the  United  States, "  parts 
of  one  consistent  whole,  founded  on  one  and  the  same  theory 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  51 

of  government,"  believed,  that,  under  their  influence  and  The  Con- 

.  .  i-ii        stitution 

operation,  slavery  would,  and  they  intended  that  it  should,  and  Sia- 

very* 

soon  be  abolished. 

It  had  been  declared  by  Lord  Mansfield,  in  the  Court  of 
King's  Bench,  in  England,  that  slavery  was  "  so  odious,  that 
nothing  can  be  suffered  to  support  it  but  positive  law."  At 
the  time  the  Federal  Constitution  was  adopted,  there  was  not, 
in  the  State  Constitutions,  any  thing  to  warrant  or  justify 
slavery.  Every  thing  of  that  kind  has  come  by  later  amend- 
ments. As  in  the  preparation  of  the  Declaration  of  Independ- 
ence, so  in  the  formation  of  the  Constitution,  the  authors  did 
not  ignore  the  existence  of  slavery.  It  was  an  evil  that  had 
been  forced  upon  them  by  Great  Britain,  against  their  con- 
sent ;  and  was  one  of  the  moving  causes  for  the  separation 
from  the  mother-country.  They  had,  in  the  most  emphatic 
manner,  by  resolutions  and  otherwise,  expressed  their  abhor- 
rence of  slavery,  and  their  determination  to  emancipate  the 
negroes  without  unnecessary  delay.  All  that  the  slavehold- 
ers asked  of  the  Convention  was  a  temporary  protection  for 
what  they  regarded,  in  one  sense,  their  property,  until  they 
could,  in  their  own  time  and  in  their  own  way,  bring  about 
this  desirable  result. 

Mr.  Pinckney  declared,  "  If  the  Southern  States  were  let 
alone,  they  will  probably  of  themselves  stop  importations.  He 
would  himself,  as  a  citizen  of  South  Carolina,  vote  for  it." 

Mr.  Sherman  observed  that "  the  abolition  of  slavery  seemed 
to  be  going  on  in  the  United  States,  and  that  the  good  sense 
of  the  several  States  would  probably  by  degrees  complete  it." 
Mr.  Ellsworth  added,  —  and  no  one  expressed  dissent  from 
this  opinion,  —  "Slavery,  in  time,  will  not  be  a  speck  in  our 
country." 

It  was  an  eminent  Virginian,  Mr.  Madison,  who  declared 
that  "  he  thought  it  wrong  to  admit  in  the  Constitution  the 
idea  of  property  in  men."  That  idea  was  accordingly  every- 
where scrupulously  avoided. 

But  still,  in  three  separate  clauses,  the  Constitution  recog- 


52  AN   HISTORICAL    RESEARCH". 

Constitn-    nizes  the  existence  of  slavery,  although  it  does  not  permit  the 

tion  of  the  ,        ,  .  .  -    , 

United       word  "  slave  "  anywhere  to  tarnish  its  text. 

States. 

"  Art.  I.    Sect.    2 Representatives    and   direct 

taxes  shall  be  apportioned  among  the  several  States  which  may  be 
included  within  this  Union,  according  to  their  respective  numbers ; 
which  shall  be  determined  by  adding  to  the  whole  number  of  free 
persons,  including  those  bound  to  service  for  a  term  of  years,  and 
excluding  Indians  not  taxed,  three-fifths  of  all  other  persons 

"  Art.  I.  Sect.  9.  The  migration  or  importation  of  such  per- 
sons as  any  of  the  States  now  existing  shall  think  proper  to  admit, 
shall  not  be  prohibited  by  the  Congress  prior  to  the  year  one  thousand 
eight  hundred  and  eight  ;  but  a  tax  or  duty  may  be  imposed  on  such 
importation,  not  exceeding  ten  dollars  for  each  person 

"  Art.  IV.  Sect.  2 No  person  held  to  service  or 

labor  in  one  State,  under  the  laws  thereof,  escaping  into  another, 
shall,  in  consequence  of  any  law  or  regulation  therein,  be  discharged 
from  such  service  or  labor,  but  shall  be  delivered  up  on  claim  of  the 
parly  to  whom  such  service  or  labor  may  be  due." 

Debute  in         In  considering  these  articles  in  the  Convention,  the  whole 

the  Federal  °  ' 

Conven-  subject  of  slavery  was  thoroughly  discussed.  No  language 
of  radical  reformers  in  recent  times  surpasses  in  severity  the 
honest  utterances  of  the  patriots  and  statesmen  who  were 
then  assembled.  No  friendly  voice  was  raised  to  defend  this 
barbarous  crime  against  humanity.  Let  us  look  at  some  of 
the  speeches. 

Mr.  Gouverneur  Morris,  of  Pennsylvania,  was  the  member 
to  whom  was  finally  committed  the  Constitution,  to  give  finish 
to  the  style  and  arrangement  of  that  instrument.  He  may 
properly  be  regarded  as  the  author  of  its  text.  In  the 
debate  on  the  8th  of  August,  1787,  he  uses  the  following 
language : — 


neur 
Morris 


Gouver-  "  He  never  would  concur  in  upholding  domestic  slavery.     It  was 

a  nefarious  institution.  It  was  the  curse  of  Heaven  on  the  States 
where  it  prevailed.  Compare  the  free  regions  of  the  Middle  States, 
where  a  rich  and  noble  cultivation  marks  the  prosperity  and  happi- 
ness of  the  people,  with  the  misery  and  poverty  which  overspread 


NEGROES   AS  SLAVES   AND   AS   CITIZENS.  53 

the  barren  wastes  of  Virginia,  Maryland,  and  the  other  States  having  Debate  in 

slaves.     Travel   through  the  whole   continent,   and  you  behold    the  Conven- 

prospect  continually  varying  with  the  appearance  and  disappearance  tl0n- 

of  slavery.     The  moment  you  leave  the  Eastern  States,  and  enter 

New  York,  the  effects  of  the  institution   become  visible.     Passing  „ 

'  .  °  Gouver- 

through  the  Jerseys,  and  entering  Pennsylvania,  every  criterion  ofneur 

superior  improvement  witnesses  the  change.  Proceed  southwardly,  " 
and  every  step  you  take  through  the  great  regions  of  slaves  presents 
a  desert,  increasing  with  the  increasing  proportion  of  these  wretched 
beings.  Upon  what  principle  is  it  that  the  slaves  shall  be  computed 
in  the  representation  ?  Are  they  men  ?  Then  make  them  citizens, 
and  let  them  vote.  Are  they  property  ?  Why,  then,  ifc  no  other 
property  included?  The  houses  in  this  city  (Philadelphia)  are  worth 
more  than  all  the  wretched  slaves  who  cover  the  rice-swamps  of 
South  Carolina.  The  admission  of  slaves  into  the  representation, 
when  fairly  explained,  comes  to  this,  — that  the  inhabitant  of  Georgia 
and  South  Carolina,  who  goes  to  the  coast  of  Africa,  and,  in  defiance 
of  the  most  sacred  laws  of  humanity,  tears  away  his  fellow-creatures 
from  their  dearest  connections,  and  damns  them  to  the  most  cruel 
bondage,  shall  have  more  votes  in  a  government  instituted  for  the  pro- 
tection of  the  rights  of  mankind  than  the  citizen  of  Pennsylvania  or 
New  Jersey,  who  views  with  a  laudable  horror  so  nefarious  a  practice. 
He  would  add,  that  domestic  slavery  is  the  most  prominent  feature  in 
the  aristocratic  countenance  of  the  proposed  Constitution.  The  vas* 
salage  of  the  poor  has  ever  been  the  favorite  offspring  of  aristocracy. 
And  what  is  the  proposed  compensation  to  the  Northern  States  for  a 
sacrifice  of  every  principle  of  right,  of  every  impulse  of  humanity  ? 
They  are  to  bind  themselves  to  march  their  militia  for  the  defence  of 
the  Southern  States,  for  their  defence  against  those  very  slaves 
of  whom  they  complain.  They  must  supply  vessels  and  seamen  in 
case  of  foreign  attack.  The  Legislature  will  have  indefinite  power 
to  tax  them  by  excises  and  duties  on  imports,  both  of  which  will  fall 
heavier  on  them  than  on  the  Southern  inhabitants  ;  for  the  bohea  tea 
used  by  a  Northern  freeman  will  pay  more  tax  than  the  whole  con- 
sumption of  the  miserable  slave,  which  consists  of  nothing  more  than 
his  phj'sical  subsistence  and  the  rag  that  covers  his  nakedness.  On 
the  other  side,  the  Southern  States  are  not  to  be  restrained  from  im- 
porting fresh  supplies  of  wretched  Africans,  at  once  to  increase  the 
danger  of  attack  and  the  difficulty  of  defence :  nay,  they  are  to  be 
encouraged  to  it  by  an  assurance  of  having  their  votes  in  the  National 


54  AN   HISTORICAL   RESEARCH. 

Debate  in  Government  increased  in  proportion  ;  and  are,  at  the  same  time,  to 
Conven-  have  their  exports  and  their  slaves  exempt  from  all  contributions  for 
tlon-  the  public  service.     Let  it  not  be  said  that  direct  taxation  is  to  be 

proportioned  to  representation.  It  is  idle  to  suppose  that  the  General 
Government  can  stretch  its  hand  directly  into  the  pockets  of  the 
people  scattered  over  so  vast  a  country.  They  can  only  do  it  through 
the  medium  of  exports,  imports,  and  excises.  For  what,  then,  are 
all  the  sacrifices  to  be  made  ?  He  would  sooner  submit  himself  to  a 
tax  for  paying  for  all  the  negroes  in  the  United  States  than  saddle 
posterity  with  such  a  Constitution."  —  Madison  Papers,  Elliot,  vol.  v. 
pp.  392,  393. 

Mr.  Rufus  King,  of  Massachusetts,  in  the  same  debate, 
said  :  — 

Rufus  "  The  admission  of  slaves  was  a  most  grating  circumstance  to  his 

mind,  and  he  believed  would  be  so  to  a  great  part  of  the  people  of 
America.  He  had  not  made  a  strenuous  opposition  to  it  heretofore, 
because  he  had  hoped  that  this  concession  would  have  produced  a 
readiness,  which  had  not  been  manifested,  to  strengthen  the  General 
Government,  and  to  mark  a  full  confidence  in  it.  The  report  under 
consideration  had,  by  the  tenor  of  it,  put  an  end  to  all  those  hopes. 
In  two  great  points,  the  hands  of  the  Legislature  were  absolutely 
tied.  The  importation  of  slaves  could  not  be  prohibited.  Exports 
could  not  be  taxed.  Is  this  reasonable  ?  What  are  the  great  objects 
of  the  general  system  ?  First,  defence  against  foreign  invasion ; 
secondly,  against  internal  sedition.  Shall  all  the  States,  then,  be 
bound  to  defend  each  ?  and  shall  each  be  at  liberty  to  introduce  a 
weakness  which  will  render  defence  more  difficult  ?  Shall  one  part 
of  the  United  States  be  bound  to  defend  another  part,  and  that  other 
part  be  at  liberty,  not  only  to  increase  its  own  danger,  but  to  with- 
hold the  compensation  for  the  burden  ?  If  slaves  are  to  be  imported, 
shall  not  the  exports  produced  by  their  labor  supply  a  revenue,  the 
better  to  enable  the  General  Government  to  defend  their  masters  ? 
There  was  so  much  inequality  and  unreasonableness  in  all  this,  that 
the  people  of  the  Northern  States  could  never  be  reconciled  to  it. 
No  candid  man  could  undertake  to  justify  it  to  them.  He  had  hoped 
that  some  accommodation  would  have  taken  place  on  this  subject; 
that,  at  least,  a  time  would  have  been  limited  for  the  importation  of 
slaves.  He  never  could  agree  to  let  them  be  imported  without 
limitation,  and  then  be  represented  in  the  National  Legislature.     In- 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  55 

deed,  he  could  so  little  persuade  himself  of  the  rectitude  of  such  a  Debate  in 

,        ,  ,111  ..i  •  'he  Federal 

practice,  that  he  was  not  sure  he  could  assent  to  it  under  any  circum-  Cunven- 

stanees.     At  all  events,  either  slaves  should  not  be  represented,  or  tlolu 

exports  should  be  taxable." 

Mr.  Roger  Sherman,  of  Connecticut, — 

"  Regarded  the  slave-trade  as  iniquitous  :  but,  the  point  of  repre-  Eoper 
sentation  having  been  settled  after  much  difficulty  and  deliberation, 
he  did  not  think  himself  bound  to  make  opposition  ;  especially  as  the 
present  article,  as  amended,  did  not  preclude  any  arrangement  what- 
ever on  that  point,  in  another  place  of  the  report."  —  Madison  Papers, 
Elliot,  vol.  v.  391,  392. 

Mr.  Luther  Martin,  of  Maryland,  in  the  debate,  Tuesday, 
Aug.  21,— 

"  Proposed  to  vary  Art.  7,  Sect.  4,  so  as  to  allow  a  prohibition  or  Luther 
tax  on  the  importion  of  slaves.  In  the  first  place,  as  five  slaves  are  to 
be  counted  as  three  free  men  in  the  apportionment  of  representatives, 
such  a  clause  would  leave  an  encouragement  to  this  traffic.  In  the 
second  place,  slaves  weakened  one  part  of  the  Union,  which  the  other 
parts  were  bound  to  protect :  the  privilege  of  importing  them  was 
therefore  unreasonable.  And,  in  the  third  place,  it  was  inconsistent 
with  the  principles  of  the  Revolution,  and  dishonorable  to  the  Ameri- 
can character,  to  have  such  a  feature  in  the  Constitution. 

"  Mr.  Rutledge  did  not  see  how  the  importation  of  slaves  could  John 
be  encouraged  by  this  section.  He  was  not  apprehensive  of  insur- 
rections, and  would  readily  exempt  the  other  States  from  the  obliga- 
tion to  protect  the  Southern  against  them.  Religion  and  humanity 
had  nothing  to  do  with  this  question :  interest  alone  is  the  governing 
principle  with  nations.  The  true  question  at  present  is,  whether 
the  Southern  States  shall  or  shall  not  be  parties  to  the  Union. 
If  the  Northern  States  consult  their  interest,  they  will  not  oppose 
the  increase  of  slaves,  which  will  increase  the  commodities  of  which 
they  will  become  the  carriers. 

"  Mr.  Ellsworth  was  for  leaving  the  clause  as  it  stands.  Let  Oliver 
every  State  import  what  it  pleases.  The  morality  or  wisdom  of 
slavery  are  considerations  belonging  to  the  States  themselves.  What 
enriches  a  part  enriches  the  whole,  and  the  States  are  the  best  judges 
of  their  particular  interest.  The  old  Confederation  had  not  meddled 
with  this  point ;  and  he  did  not  see  any  greater  necessity  for  bringing 
it  within  the  policy  of  the  new  one. 


56 


AN   HISTORICAL   RESEARCH. 


Debate  in  "  Mr.  Pinckney.  South  Carolina  can  never  receive  the  plan  if  it 
Conveu^"1  prohibits  the  slave-trade.  In  every  proposed  extension  of  the  powers 
of  Congress,  that  State  has  expressly  and  watchfully  excepted  that  of 
meddling  with  the  importation  of  negroes.  If  the  States  he  all  left  at 
liberty  on  this  subject,  South  Carolina  may  perhaps,  by  degrees,  do  of 
herself  what  is  wished,  as  Virginia  and  Maryland  have  already  done. 
"  Adjourned. 


tion. 


Charles 
Pinckney, 


Roger 
Sherman. 


George 
Mason. 


"  Wednesday,  Aug.  22. 

"In  Convention.  —  Art.  7,£ect.  4,  was  resumed. 

"  Mr.  Sherman  was  for  leaving  the  clause  as  it  stands.  He  dis- 
approved of  the  slave-trade ;  yet,  as  the  States  were  now  possessed 
of  the  right  to  import  slaves,  as  the  public  good  did  not  require  it  to 
be  takeu  from  them,  and  as  it  was  expedient  to  have  as  few  objections 
as  possible  to  the  proposed  scheme  of  government,  he  thought  it  best 
to  leave  the  matter  as  we  find  it.  He  observed,  that  the  abolition  of 
slavery  seemed  to  be  going  on  in  the  United  States,  and  that  the  good 
sense  of  the  several  States  would  probably  by  degrees  complete  it.  He 
urged  on  the  Convention  the  necessity  of  despatching  its  business. 

"  Col.  Mason.  This  infernal  traffic  originated  in  the  avarice  of 
British  merchants.  The  British  Government  constantly  checked  the 
attempts  of  Virginia  to  put  a  stop  to  it.  The  present  question  concerns, 
not  the  importing  States  alone,  but  the  whole  Union.  The  evil  of 
having  slaves  was  experienced  during  the  late  war.  Had  slaves  been 
treated  as  they  might  have  been  by. the  enemy,  they  would  have 
proved  dangerous  instruments  in  their  hands.  But  their  folly  dealt 
by  the  slaves  as  it  did  by  the  Tories.  He  mentioned  the  dangerous 
insurrections  of  the  slaves  in  Greece  and  Sicily,  and  the  instructions 
given  by  Cromwell  to  the  commissioners  sent  to  Virginia,  —  to  arm 
the  servants  and  slaves,  in  case  other  means  of  obtaining  its  submis- 
sion should  fail.  Maryland  and  Virginia,  he  said,  had  already 
prohibited  the  importation  of  slaves  expressly.  North  Carolina  had 
done  the  same  in  substance.  All  this  would  be  in  vain,  if  South 
Carolina  and  Georgia  be  at  liberty  to  import.  The  Western  people 
are  already  calling  out  for  slaves  for  their  new  lands  ;  and  will  fill 
that  country  with  slaves,  if  they  can  be  got  through  South  'Carolina 
and  Georgia.  Slavery  discourages  arts  and  manufactures.  The 
poor  despise  labor  when  performed  by  slaves.  They  prevent  the 
emigration  of  whites,  who  really  enrich  and  strengthen  a  country. 
'J 'In  y  produce  the  most  pernicious  effect  on  manners.     E very  master  of 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  57 

slaves  is  bom  a  petty  tyrant.     They  briny  the  judgment  of  Heaven  on  a  Debate  in 
country.     As  nations  cannot  be  rewarded  or  punished  in  the  next  world,  Conven- 
they  must  be  in  this.     By  an  inevitable  chain  of  causes  and  effects,  Pro-  tl0n- 
vidence  punishes  national  sins  by  national  calamities.     He  lamented 
that  some  of  our  Eastern  brethren  had,  from  a  lust  of  gain,  embarked 
in  this  nefarious  traffic.     As  to  the  States  being  in  possession  of  the 
right  to  import,  this  was  the  case  with  many  other  rights,  now  to  be 
properly  given  up.     He  held  it  essential,  in  every  point  of  view,  that 
the  General  Government  should  have  power  to  prevent  the  increase 
of  slavery. 

"  Mr.  Ellsworth,  as  he  had  never  owned  a  slave,  could  not  judge  Oliver 
of  the  effects  of  slavery  on  character.  He  said,  however,  that,  if  it 
was  to  be  considered  in  a  moral  light,  we  ought  to  go  further,  and 
free  those  already  in  the  country.  As  slaves  also  multiply  so  fast 
in  Virginia  and  Maryland,  that  it  is  cheaper  to  raise  than  import 
them,  whilst  in  the  sickly  rice-swamps  foreign  supplies  are  necessary, 
if  we  go  no  further  than  is  urged,  we  shall  be  unjust  towards  South 
Carolina  and  Georgia.  Let  us  not  intermeddle.  As  population 
increases,  poor  laborers  will  be  so  plenty  as  to  render  slaves  useless. 
Slavery,  in  time,  will  not  be  a  speck  in  our  country.  Provision  is 
already  made  in  Connecticut  for  abolishing  it ;  and  the  abolition 
has  already  taken  place  in  Massachusetts.  As  to  the  danger  of 
insurrections  from  foreign  influence,  that  will  become  a  motive  to 
kind  treatment  of  the  slaves. 

"  Mr.  Pixckxey.  If  slavery  be  wrong,  it  is  justified  by  the  Charles 
example  of  all  the  world.  He  cited  the  case  of  Greece,  Eome,  and  luc  ney' 
other  ancient  States ;  the  sanction  given  by  France,  England,  Hol- 
land, and  other  modern  States.  In  all  ages,  one-half  of  mankind 
have  been  slaves.  If  the  Southern  States  were  let  alone,  they  will  pro- 
bably of  themselves  stop  importations.  He  would  himself,  as  a  citizen 
of  South  Carolina,  vote  for  it.  An  attempt  to  take  away  the  right,  as 
proposed,  will  produce  serious  objections  to  the  Constitution,  which 
he  wished  to  see  adopted. 

"  Gen.  Plxckxey  declared  it  to  be  his  firm  opinion,  that  if  himself  Charles 
and  all  his  colleagues  were  to  sign  the  Constitution,  and  use  their  pincknev. 
personal  influence,  it  would  be  of  no  avail  towards  obtaining  the 
assent  of  their  constituents.  South  Carolina  and  Georgia  cannot  do 
without  slaves.  As  to  Virginia,  she  will  gain  by  stopping  the  im- 
portations. Her  slaves  will  rise  in  value,  and  she  has  more  than  she 
wants.     It  would  be  unequal  to  require  South  Carolina  and  Georgia 


58 


AN    HISTORICAL    RESEARCH. 


Abraham 
Baldwin. 


Debate  in  to  confederate  on  such  unequal  terms.  He  said,  the  royal  assent, 
Conven-  before  the  Revolution,  had  never  been  refused  to  South  Carolina  as 
tion.  t0  Virginia.     He  contended,  that  the  importation  of  slaves  would  be 

for  the  interest  of  the  whole  Union.  The  more  slaves,  the  more 
produce  to  employ  the  carrying-trade ;  the  more  consumption  also  ; 
and,  the  more  of  this,  the  more  revenue  for  the  common  treasury. 
He  admitted  it  to  be  reasonable,  that  slaves  should  be  dutied  like 
other  imports  ;  but  should  consider  a  rejection  of  the  clause  as  an 
exclusion  of  South  Carolina  from  the  Union. 

"  Mr.  Baldwin  had  conceived  national  objects  alone  to  be  before 
the  Convention  ;  not  such  as,  like  the  present,  were  of  a  local  nature. 
Georgia  was  decided  on  this  point.  That  State  has  always  hitherto 
supposed  a  General  Government  to  be  the  pursuit  of  the  Central 
States,  who  wished  to  have  a  vortex  for  every  thing  ;  that  her 
distance  would  preclude  her  from  equal  advantage  ;  and  that  she 
could  not  prudently  purchase  it  by  yielding  national  powers.  From 
this  it  might  be  understood  in  what  light  she  would  view  an  attempt 
to  abridge  one  of  her  favorite  prerogatives.  If  left  to  herself,  she 
may  probably  put  a  stop  to  the  evil.  As  one  ground  for  this  conjec- 
ture, he   took  notice  of  the   sect  of  ,  which,   he   said,   was    a 

respectable  class  of  people,  who  carried  their  ethics  beyond  the  mere 
equality  of  men,  —  extending  their  humanity  to  the  claims  of  the 
whole  animal  creation. 

"  Mr.  Wilson  observed,  that  if  South  Carolina  and  Georgia  were 
themselves  disposed  to  get  rid  of  the  importation  of  slaves  in  a  short  time, 
as  load  been  suggested,  they  would  never  refuse  to  unite  because  the  im- 
portation might  be  prohibited.  As  the  section  now  stands,  all  articles 
imported  are  to  be  taxed.  Slaves  alone  are  exempt.  This  is,  in 
fact,  a  bounty  on  that  article. 

"  Mr.  Gerry  thought  we  had  nothing  to  do  with  the  conduct  of 
the  States  as  to  slaves,  but  ought  to  be  careful  not  to  give  any  sanc- 
tion to  it. 

"  Mr.  Dickinson  considered  it  as  inadmissible,  on  every  principle 
of  honor  and  safety,  that  the  importation  of  slaves  should  be  author- 
ized to  the  States  by  the  Constitution.  The  true  question  was, 
whether  the  national  happiness  would  be  promoted  or  impeded  by  the 
importation  ;  and  this  question  ought  to  be  left  to  the  National  Gov- 
ernment, not  to  the  States  particularly  interested.  If  England  and 
France  permit  slavery,  slaves  are,  at  the  same  time,  excluded  from 
both  those   kingdoms.     Greece  and   Rome  were  made  unhappy  by 


James 
Wilson. 


Elbridge 
Gerry. 


John 
Dickinson 


NEGKOES   AS   SLAVES   AND    AS   CITIZENS.  59 

their  slaves.     He  could  not  believe  that   the  Southern   States  would  Debnte  in 

the  tedenU 
refuse  to  confederate  on  the  account  apprehended  ;  especially  as  the  Conven- 

power  was  not  likely  to  be  immediately  exercised  by  the  General  lon" 

Government. 

"  Mr.  Williamson  stated  the  law  of  North  Carolina  on  the  sub- 
ject ;  to  wit,  that  it  did  not  directly  prohibit  the  importation  of  slaves. 
It  imposed  a  duty  of  £5  on  each  slave  imported  from  Africa,  £10  on 
each  from  elsewhere,  and  £50  on  each  from  a  State  licensing  manu- 
mission. He  thought  the  Southern  States  could  not  be  members  of 
the  Union,  if  the  clause  should  be  rejected  ;  and  it  was  wrong  to 
force  any  thing  down  not  absolutely  necessary,  and  which  any  State 
must  disagree  to. 

"  Mr.  King  thought  the  subject  should  be  considered  in  a  po- 
litical light  only.  If  two  States  will  not  agree  to  the  Constitution,  as 
stated  on  one  side,  he  could  affirm  with  equal  belief,  on  the  other, 
that  great  and  equal  opposition  would  be  experienced  from  the  other 
States.  He  remarked  on  the  exemption  of  slaves  from  duty,  whilst 
every  other  import  was  subjected  to  it,  as  an  inequality  that  could 
not  fail  to  strike  the  commercial  sagacity  of  the  Northern  and  Middle 
States. 

"  Mr.  Langdon  was  strenuous  for  giving  the  power  to  the 
General  Government.  He  could  not,  with  a  good  conscience,  leave 
it  with  the  States,  who  could  then  go  on  with  the  traffic,  without 
being  restrained  by  the  opinions  here  given,  that  they  will  themselves 
cease  to  import  slaves. 

"  Gen.  Pincknet  thought  himself  bound  to  declare  candidly,  that 
he  did  not  think  South  Carolina  would  stop  her  importations  of  slaves 
in  any  short  time  ;  but  only  stop  them  occasionally,  as  she  now  does. 
He  moved  to  commit  the  clause,  that  slaves  might  be  made  liable  to 
an  equal  tax  with  other  imports  ;  which  he  thought  right,  and  which 
would  remove  one  difficulty  that  had  been  started. 

"  Mr.  Rutledge.  If  the  Convention  thinks  that  North  Carolina, 
South  Carolina,  and  Georgia  will  ever  agree  to  the  plan,  unless 
their  right  to  import  slaves  be  untouched,  the  expectation  is  vain. 
The  people  of  those  States  will  never  be  such  fools  as  to  give  up  so 
important  an  interest.  He  was  strenuous  against  striking  out  the 
section,  and  seconded  the  motion  of  Gen.  Pinckney  for  a  commit- 
ment. 

"  Mr.  Gotjverneur  MoRRiS  wished  the  whole  subject  to  be  com- 
mitted, including  the  clauses  relating  to  taxes  on  exports  and  to  a 


60  AN   HISTORICAL    RESEARCH. 

Debate  in    navigation  act.     These  things  may  form  a  bargaiu  among  the  North- 

Conveu-      ern  an(l  Southern  States. 

tion-  "  Mr.  Butler  declared,  that  he  never  would  agree  to  the  power  of 

taxing  exports. 

"  Mr.  Sherman  said  it  was  better  to  let  the  Southern  States  im- 
port slaves  than  to  part  with  them,  if  they  made  that  a  sine  qua  non. 
He  was  opposed  to  a  tax  on  slaves  imported,  as  making  the  matter 
worse,  because  it  implied  they  were  property.  He  acknowledged, 
that,  if  the  power  of  prohibiting  the  importation  should  be  given  to 
the  General  Government,  it  would  be  exercised.  He  thought  it  would 
be  its  duty  to  exercise  the  power. 

"  Mr.  Read  was  for  the  commitment,  provided  the  clause  concern- 
ing taxes  on  exports  should  also  be  committed. 

"  Mr.  Sherman  observed,  that  that  clause  had  been  agreed  to,  and 
therefore  could  not  be  committed. 

"  Mr.  Randolph  was  for  committing,  in  order  that  some  middle 
ground  might,  if  possible,  be  found.  He  could  never  agree  to  the 
clause  as  it  stands.  He  would  sooner  risk  the  Constitution.  He 
dwelt  on  the  dilemma  to  which  the  Convention  was  exposed.  By 
agreeing  to  the  clause,  it  would  revolt  the  Quakers,  the  Methodists, 
and  many  others  in  the  States  having  no  slaves.  On  the  other  hand, 
two  States  might  be  lost  to  the  Union.  Let  us  then,  he  said,  try  the 
chance  of  a  commitment." — Madison  Papers,  EUiot,  vol.  v.  pp. 
457-461. 

Three  days  later  (Saturday,  Aug.  25th),  the  debate  on  this 
subject  was  resumed,  and  the  Report  of  the  Committee  of 
Eleven  was  taken  up.     It  was  in  the  following  words :  — 

"  Strike  out  so  much  of  the  fourth  section  as  was  referred  to  the 
Committee,  and  insert  '  The  migration  or  importation  of  such  persons 
as  the  several  States,  now  existing,  think  proper  to  admit,  shall  not 
be  prohibited  by  the  Legislature  prior  to  the  year  1800  ;  but  a  tax  or 
duty  may  be  imposed  on  such  migration  or  importation,  at  a  rate  not 
exceeding  the  average  of  the  duties  laid  on  imports.' " 

"  Gen.  Ptncknet  moved  to  strike  out  the  words  '  the  year  eighteen 
hundred'  as  the  year  limiting  the  importation  of  slaves,  and  to  insert 
the  words  '  the  year  eighteen  hundred  and  eight.' 

"  Mr-  Gorham  seconded  the  motion. 


NEGROES   AS   SLAVES   AXD    AS   CITIZENS.  61 

'•  Mr.  Madison.     Twenty  years  will  produce  all  the  mischief  that  Debate  in 
can  be  apprehended  from  the  liberty  to  import  slaves.     So  long  a  Conven-™1 
term  will  be  more  dishonorable  to  the  American  character  than  to  say  tion- 
nothing  about  it  in  the  Constitution. 

"  On  the  motion,  which  passed  in  the  affiinative,  — 

"  New  Hampshire,  Massachusetts,  Connecticut,  Maryland,  North  Caro- 
lina, South  Carolina,  Georgia,  ay,  —  7 ;  New  Jersey,  Pennsylvania,  Delaware, 
Virginia,  no,  — 4. 

"  Mr.  Gouteeneuk  Morris  was  for  making  the  clause  read  at 
once,  — 

"  'The  importation  of  slaves  into  North  Carolina,  South  Carolina,  and 
Georgia,  shall  not  be  prohibited,'  &c. 

This,  he  said,  would  be  most  fair,  and  would  avoid  the  ambiguity  by 
which,  under  the  power  with  regard  to  naturalization,  the  liberty 
reserved  to  the  States  might  be  defeated.  He  wished  it  to  be  known, 
also,  that  this  part  of  the  Constitution  was  a  compliance  with  those 
States.  If  the  change  of  language,  however,  should  be  objected  to 
by  the  members  from  those  States,  he  should  not  urge  it. 

"  Col.  Mason  was  not  against  using  the  term  '  slaves,'  but  against 
naming  North  Carolina,  South  Carolina,  and  Georgia,  lest  it  should 
give  offence  to  the  people  of  those  States. 

"  Mr.  Sherman  liked  a  description  better  than  the  terms  proposed, 
which  had  been  declined  by  the  old  Congress,  and  were  not  pleasing 
to  some  people. 

"  Mr.  Cltmer  concurred  with  Mr.  Sherman. 

"  Mr.  Williamson  said,  that,  both  in  opinion  and  practice,  he  was 
against  slavery ;  but  thought  it  more  in  favor  of  humanity,  from  a 
view  of  all  circumstances,  to  let  in  South  Carolina  and  Georgia  on 
those  terms,  than  to  exclude  them  from  the  Union. 

"  Mr.  Gouverneck  Morris  withdrew  his  motion. 

"  Mr.  Dickinson  wished  the  clause  to  be  confined  to  the  States 
which  had  not  themselves  prohibited  the  importation  of  slaves  ;  and, 
for  that  purpose,  moved  to  amend  the  clause  so  as  to  read,  — 

"  '  The  importation  of  slaves  into  such  of  the  States  as  shall  permit  the 
same  shall  not  be  prohibited  by  the  Legislature  of  the  United  States  uutil 
the  year  1808 ; '  — 

which  was  disagreed  to,  new.,  con. 

"  The  first  part  of  the  Report  was  then  agreed  to,  amended  as 
follows  :  — 


G2  AN   HISTORICAL    RESEARCH. 

Dehate  in  "  '  The  migration  or  importation  of  such  persons  as  the  several  States 

the  Icderal  now  existina:  shall  think  proper  to  admit  shall  not  be  prohibited  by  the 
Conven-  .  ,  °  "     "  r  J 

tion.  Legislature  prior  to  the  year  1808.' 

"New  Hampshire,  Massachusetts,  Connecticut,  Maryland,  North  Caro- 
lina, South  Carolina,  Georgia,  ay,  —  7  ;  New  Jersey,  Pennsylvania,  Delaware, 
Virginia,  no,  —  4."  —  Madison  Papers,  Elliot,  vol.  v.  pp.  477,  478. 

These  specimens  of  the  debates  are  sufficient  to  show 
the  various  shades  of  opinion  as  expressed  by  members  of  the 
Convention  from  different  States.  The  Constitution,  with 
the  articles  on  slavery,  as  amended  and  finally  adopted  by  the 
Federal  Convention,  was  submitted  to  the  people,  to  be  rati- 
fied by  them  through  State  Conventions  of  delegates  elected 
for  that  special  purpose.  In  these  State  Conventions,  the 
various  articles  were  again  thoroughly  discussed. 

Massachu-        In  Massachusetts,  the  delegates  assembled  in  Boston,  Jan. 

vention.  9th,  1788.  It  is  hardly  too  much  to  say,  that  the  fate  of  the 
Federal  Constitution  was  to  be  decided  by  the  action  of  this 
State  Convention.  By  the  final  vote  of  three  hundred  and 
fifty-five  members,  a  majority  of  only  nineteen  votes  was 
obtained  in  its  favor  ;  one  hundred  and  eighty-seven  being  in 
the  affirmative,  and  one  hundred  and  sixty-eight  in  the  nega- 
tive. Had  the  vote  been  taken  without  discussion  on  the 
first  meeting  of  the  members,  there  can  be  no  doubt  that 
the  Constitution  would  have  been  rejected  by  a  considerable 
majority. 

Elbridge  Gerry,  one  of  our  delegates  to  the  Federal  Con- 
vention, had  declined  to  sign  the  Constitution,  and  addressed  a 
letter  to  the  State  Legislature,  giving  his  reasons  for  so  doing. 
He  was  invited  to  take  a  seat  with  the  delegates  in  the  State 
Convention.  John  Hancock  and  Samuel  Adams,  the  two 
most  eminent  members  of  the  State  Convention,  were  both 
opposed  to  the  adoption  of  the  Constitution.  Mr.  Hancock, 
on  account  of  his  position  and  from  motives  of  policy,  was 
elected  President;  but  he  excused  himself  from  attending 
until  towards  the  close  of  the  session,  on  account  of  illness. 
The  circumstances  connected  with  the  change  of  purpose  on 


NEGROES   AS   SLAVES   AND    AS   CITIZENS.  63 

the  part  of  the   President  are  related  by  Professor  Parsons  Massachu- 

1  "  setts  Cou- 

in  the  admirable  "  Memoir  "  of  his  father,  Chief-Justice  The-  vention. 
ophilus  Parsons.  Amongst  the  many  reasons  assigned  by  the 
opponents  of  the  Federal  Constitution  for  their  desire  to 
defeat  its  adoption,  the  articles  on  the  subject  of  slavery  were 
brought  forward.  The  discussion  on  this  subject  deserves 
our  notice. 

In  the  second  week  of  the  Convention, (Jan.  17,)  the  subject 
of  taxation  and  representation  being  under  debate,  "  Mr. 
Wedgery  asked,  if  a  boy  of  six  years  of  age  was  to  be  con. 
sidered  as  a  free  person." 

The  Hon.  Rufus  King,  in  answer,  said, — 

"  All  persons  born  free  were  to  be  considered  as  freemen  ;  and,  to  R.ufu3 
make  the  idea  of  taxation  by  numbers  more  intelligible,  said  that  five 
negro  children  of  South  Carolina  are  to  pay  as  much  tax  as  the  three 
governors  of  New  Hampshire,  Massachusetts,  and  Connecticut." 

On  the  same  occasion,  Judge  Dana  spoke  :  — 

"  In  reply  to  the  remark  of  some  gentlemen,  that  the  Southern  Francis 
States  were  favored  in  this  mode  of  apportionment,  by  having  five  of 
their  negroes  set  against  three  persons  in  the  Eastern,  the  honorable 
Judge  observed,  that  the  negroes  of  the  Southern  States  work  no 
longer  than  when  the  eye  of  the  driver  is  on  them.  '  Can,'  asked  he, 
'  that  land  flourish  like  this,  which  is  cultivated  by  the  hands  of  free- 
men ?  And  are  not  three  of  these  independent  freemen  of  more  real 
advantage  to  a  State  than  five  of  those  poor  slaves  ? '  As  a  friend  to 
equal  taxation,  he  rejoiced  that  an  opportunity  was  presented  in  this 
Constitution  to  change  this  unjust  mode  of  apportionment.  '  Indeed,' 
concluded  he,  '  from  a  survey  of  every  part  of  the  Constitution,  I 
think  it  the  best  that  the  wisdom  of  man  could  suggest.' " 

The  discussion  was  continued ;  and,  on  the  next  day,  Thom- 
as Dawes,  Esq.,  expressed  his  views  on  the  subject :  — 

"Mr.  Dawes  said,  he  was  sorry  to  hear  so  many  objections  raised  Thomas 

Duwes. 
against  the  paragraph  under  consideration.     He  thought  them  wholly 

unfounded  ;  that  the  black  inhabitants  of  the  Southern  States  must  be 
considered  either  as  slaves,  and  as  so  much  property,  or  in  the  charac- 
ter of  so  many  free  men.     If  the  former,  why  should  they  not  be  wholly 


64  AN   HISTORICAL    RESEARCH. 

Mnssachu-  represented  ?  Our  own  State  laws  and  Constitution  would  lead  us  to 
vention0.""  consider  those  blacks  as  free  men  ;  and  so,  indeed,  would  our  own 
ideas  of  natural  justice.  If,  then,  they  are  freemen,  they  might  form 
an  equal  basis  for  representation,  as  though  they  were  all  white  in- 
habitants. In  either  view,  therefore,  he  could  not  see  that  the  North- 
ern States  would  suffer,  but  directly  to  the  contrary.  He  thought, 
however,  that  gentlemen  would  do  well  to  connect  the  passage  in 
dispute  with  another  article  in  the  Constitution,  that  permits  Congress, 
in  the  year  1808,  wholly  to  prohibit  the  importation  of  slaves,  and, 
in  the  mean  time,  to  impose  a  duty  of  ten  dollars  a  head  on  such 
blacks  as  should  be  imported  before  that  period.  Besides,  by  the  new 
Constitution,  every  particular  State  is  left  to  its  own  option  totally  to 
prohibit  the  introduction  of  slaves  into  its  own  territories.  AYhat 
could  the  Convention  do  more  ?  The  members  of  the  Southern  States, 
like  ourselves,  have  their  prejudices.  It  would  not  do  to  abolish 
slavery  by  an  act  of  Congress  in  a  moment,  and  so  destroy  what  our 
Southern  brethren  consider  as  property  ;  but  we  may  say,  that  although 
slavery  is  not  smitten  by  an  apoplexy,  yet  it  has  received  a  mortal  wound, 
and  will  die  of  a  consumption."  —  Debates  and  Proceedings,  pp.  135- 
139. 

From  the  minutes  of  the  debates,  kept  by  Chief-Justice 
Parsons,  and  printed  with  the  last  edition  of  the  "  Debates 
and  Proceedings,"  we  learn  that  George  Cabot  on  this  occa- 
sion remarked :  "The  Southern  States  have  the  slave-trade, 
and  are  sovereign  States.  This  Constitution  is  the  best  way  to 
get  rid  of  it." 

During  the  next  week  (Friday,  Jan.  25),  the  clause  relat- 
ing to  "  the  migration  or  importation  of  such  persons  as  any 
of  the  States  now  existing  shall  think  proper  to  admit "  was 
under  consideration ;  when 

James  "  Mr.  Neal  (from  Kittery)  went  over  the  ground  of  objection  to 

Neal"  this  section,  on  the  idea  that  the  slave-trade  was  allowed  to  be  conti- 

nued for  twenty  years.  His  profession,  he  said,  obliged  him  to  bear 
witness  against  any  thing  that  should  favor  the  making  merchandise 
of  the  bodies  of  men  ;  and,  unless  his  objection  was  removed,  he 
couhLnot  put  his  hand  to  the  Constitution.  Other  gentlemen  said,  in 
addition  to  this  idea,  that  there  was  not  even  a  provision  that  the 
negroes  ever  shall  be  free  ;  and 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  65 

"  Gen.  TnoilPSON  exclaimed  :  '  Mr.  President,  Shall  it  be  said,  Massachu- 
that,  after  we  have  established  our  own  independence  and  freedom,  vention. 
we  make  slaves  of  others  ?     O  Washington  !     What  a  name  has  he 
had!     How  he  has  immortalized  himself!     But  he  holds  those  in  Genera) 
slavery  who  have  as  good  right  to  be  free  as  he  has.     He  is  still  for  TnomPson- 
self;  and,  in  my  opinion,  his  character  has  sunk  fifty  per  cent.' 

"  On  the  other  side,  gentlemen  said,  that  the  step  taken  in  this 
article  towards  the  abolition  of  slavery  was  one  of  the  beauties  of  the 
Constitution.  They  observed  that,  in  the  Confederation,  there  was 
no  provision  whatever  for  its  ever  being  abolished  :  but  this  Constitu- 
tion provides  that  Congress  may,  after  twenty  years,  totally  annihilate 
the  slave-trade  ;  and  that,  as  all  the  States,  except  two,  have  passed 
laws  to  this  effect,  it  might  reasonably  be  expected  that  it  would  then 
be  done.     In  the  interim,  all  the  States  were  at  liberty  to  prohibit  it. 

"  Saturday,  Jan.  26,  1788. 
"  The  debate  on  the  ninth  section  still  continued  desultory,  and 
consisted  of  similar  objections  and  answers  thereto  as  had  before  been 
used.  Both  sides  deprecated  the  slave-trade  in  the  most  pointed 
terms.  On  one  side,  it  was  pathetically  lamented  by  Mr.  Nasson, 
Major  Lusk,  Mr.  Neal,  and  others,  that  this  Constitution  provided 
for  the  continuation  of  the  slave-trade  for  twenty  years  ;  on  the  other, 
the  Hon.  Judge  Dana,  Mr.  Adams,  and  others,  rejoiced  that  a  door 
was  now  to  be  opened  for  the  annihilation  of  this  odious,  abhorrent 
practice,  in  a  certain  time."  —  Debates  and  Proceedings,  pp.  208,  209. 

On  Wednesday,  Jan.  30,  General  Heath,  who  had  been  de- 
tained by  indisposition  from  attending  many  of  the  meetings, 
was  present,  and  participated  in  the  debate.  A  part  of  his 
remarks  were  as  follows :  — 

"  The  paragraph  respecting  the  migration  or  importation  of  such  General 
persons  as  any  of  the  States  now  existing  shall  think  proper  to  admit, 
&c,  is  one  of  those  considered  during  my  absence  ;  and  I  have  heard 
nothing  on  the  subject,  save  what  has  been  mentioned  this  morning. 
But  I  think  the  gentlemen  who  have  spoken  have  carried  the  matter 
rather  too  far  on  both  sides. 

"  I  apprehend  that  it  is  not  in  our  power  to  do  any  thing  for  or 
against  those  who  are  in  slavery  in  the  Southern  States.  No  gentle- 
man within  these  walls  detests  every  idea  of  slavery  more  than  I  do. 
It  is  generally  detested  by  the  people  of  this  Commonwealth  ;  and  I 

9 


66  AN  HISTORICAL  RESEARCH. 

Massachu-  ardently  hope  that  the  time  will  soon  come,  when  our  brethren  in  the 
vention.  Southern  States  will  view  it  as  we  do,  and  put  a  stop  to  it :  but  to 
this  we  have  no  right  to  compel  them.  Two  questions  naturally 
arise  :  If  we  ratify  the  Constitution,  shall  we  do  any  thing  by  our  act  to 
hold  the  blacks  in  slavery  ?  or  shall  we  become  partakers  of  other  men's 
sins  ?  I  think,  neither  of  them.  Each  State  is  sovereign  and  independ- 
ent to  a  certain  degree ;  and  they  have  a  right,  and  will  regulate 
their  own  internal  affairs  as  to  themselves  appears  proper.  And  shall 
we  refuse  to  eat  or  to  drink  or  to  be  united  with  those  who  do  not 
think  or  act  just  as  we  do?  Surely  not.  We  are  not,  in  this  case, 
partakers  of  other  men's  sins  ;  for  in  nothing  do  we  voluntarily  en- 
courage the  slavery  of  our  fellow-men.  A  restriction  is  laid  on  the 
Federal  Government,  which  could  not  be  avoided  and  a  union  take 
place.  The  Federal  Convention  went  as  far  as  they  could.  The 
migration,  or  importation,  &c,  is  confined  to  the  States  noiv  existing 
only :  new  States  cannot  claim  it.  Congress,  by  their  ordinance  for 
erecting  new  States,  some  time  since  declared  that  the  new  States 
shall  be  republican,  and  that  there  shall  be  no  slavery  in  them  ;  but, 
whether  those  in  slavery  in  the  Southern  States  will  be  emancipated 
after  the  year  1808,  I  do  not  pretend  to  determine  :  I  rather  doubt 
it."  —  Debates  and  Proceedings,  pp.  216-217. 

One  of  the  longest  speeches  in  the  Convention,  on  the 
subject  of  slavery,  was  made  by  the  Rev.  Isaac  Backus  of 
Middleborough,  on  the  4th  of  February,  just  before  the  de- 
bates were  finally  closed.  A  part  of  this  speech  will  show  its 
character :  — 

Isaac  "  Much,  Sir,  hath  been  said  about  the  importation  of  slaves  into 

this  country.  I  believe,  that,  according  to  my  capacity,  no  man 
abhors  that  wicked  practice  more  than  I  do,  and  would  gladly  make 
use  of  all  lawful  means  toward  the  abolishing  of  slavery  in  all  parts 
of  the  land.  But  let  us  consider  where  we  are,  and  what  we  are 
doing.  In  the  Articles  of  Confederation,  no  provision  was  made  to 
hinder  the  importation  of  slaves  into  any  of  these  States  ;  but  a  door  is 
now  opened  hereafter  to  do  it,  and  each  State  is  at  liberty' now  to 
abolish  slavery  as  soon  as  they  please.  And  let  us  remember  our 
former  connection  with  Great  Britain,  from  whom  many  in  our  land 
think  we  ought  not  to  have  revolted.  How  did  they  carry  on  the 
slave-trade  ?     I  know  that  the  Bishop  of  Gloucester,  in  an  annual 


Backus. 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  67 

sermon   in   London   in   February,  1766,  endeavored  to  justify  their  Massachu- 
■     i     i   ■  r-  i  i  i      r    i     setts  Con- 

tyranmcal  claims  ot  power  over  us  by  casting  the  reproach  ot  the  vention. 

slave-trade  upon  the  Americans ;  but,  at  the  close  of  the  war,  the 
Bishop  of  Chester,  in  an  annual  sermon  in  February,  1783,  ingenu- 
ously owned  that  their  nation  is  the  most  deeply  involved  in  the  guilt 
of  that  trade  of  any  nation  in  the  world,  and  also  that  they  have 
treated  their  slaves  in  the  "West  Indies  worse  than  the  French  or 
Spaniards  have  done  theirs.  Thus  slavery  grows  more  and  more 
odious  through  the  world ;  and,  as  an  honorable  gentleman  said  some 
days  ago,  '  Though  we  cannot  say  that  slavery  is  struck  with  an 
apoplexy,  yet  we  may  hope  it  will  die  with  a  consumption.' 

"  The  American  Revolution  was  built  upon  the  principle,  that  all 
men  are  born  with  an  equal  right  to  liberty  and  property,  and  that 
officers  have  no  right  to  any  power  but  what  is  fairly  given  them  by 
the  consent  of  the  people.  And,  in  the  Constitution  now  proposed  to 
us,  a  power  is  reserved  to  the  people  constitutionally  to  reduce  every 
officer  again  to  a  private  station  ;  and  what  a  guard  is  this  against 
their  invasion  of  others'  rights,  or  abusing  of  their  power !  Such  a 
door  is  now  opened  for  the  establishing  of  righteous  government,  and 
for  securing  equal  liberty,  as  never  was  before  opened  to  any  people 
on  earth."  —  Debates  and  Proceedings,  pp.  251,  253. 

The  final  vote  on  the  ratification  of  the  Constitution  was  Rejoicing 
taken  on  the  6th  of  February,  1788  ;  and  resulted,  as  has  been  adoption  of 
already  stated,  in  the  affirmative,  by  the  small  majority  of  tutfon. 
nineteen  votes.     Notwithstanding  the  strong  opposition  to  it 
which  was  manifested  whilst  the  subject  was  under  discussion, 
there  was  a  general  acquiescence  in  the  result.     The  joy  of 
the  people  was  expressed  by  enthusiastic  public  demonstra- 
tions.    An  extract  from  one  of  the  newspapers  of  the  day  will 
give  a  good  idea  of  the  popular  sentiment  at  the  time :  — 

"  The  citizens  of  Boston  have  ever  shown  themselves  advocates 
for  freedom :  therefore,  when  a  motion  had  obtained,  one  of  the 
greatest  objects  of  which  is  '  to  secure  the  blessings  of  liberty  to  them- 
selves and  their  posterity,'  they  could  not  resist  the  strong  impulse 
they  must  have  had,  publicly  to  testify  their  gratitude  for  the  pleasing 
event.     Nor  have  they.     On  the  decision  being  declared,  the  bells  in 


68  AN   HISTORICAL   RESEARCH. 

Celebration  the  several  public  buildings  communicated  the  happy  intelligence  to 
every  part  of  the  town  by  a  peal,  which  continued  for  several  hours ; 
and  which  has  been  continued,  with  short  intervals,  ever  since.  The 
discharge  of  cannon,  and  other  demonstrations  of  joy,  took  place  on 
Wednesday  and  Thursday ;  but  it  was  left  to  yesterday  to  produce  an 
exhibition,  to  which  America  has  never  before  witnessed  an  equal, 
and  which  lias  exceeded  any  thing  of  the  kind  Europe  can  boast  of." — 
Columbian  Centinel,  Feb.  9,  1788. 

New-  The  published  account  of  the  Convention  in  New  Hamp- 

Hnmpsliire        .  . 

Conven-      shire  is  very  brief  and  imperfect.     The  only  speech  known 

tion.  .  . 

to  have  been  preserved  is  here  printed  entire. 

The  Hon.  Joshua  Atherton,  from  Amherst,  spoke  as  fol- 
lows :  — 

Joshua  "Mr.  President,  I  cannot  be  of  the  opinion  of  the* honorable  gen- 

er  on'  tlemen  who  last  spoke,  that  this  paragraph  is  either  so  useful  or  so 
inoffensive  as  they  seem  to  imagine,  or  that  the  objections  to  it  are 
so  totally  void  of  foundation.  The  idea  that  strikes  those,  who  are 
opposed  to  this  clause,  so  disagreeably  and  so  forcibly,  is,  hereby  it 
is  conceived  (if  we  ratify  the  Constitution)  that  we  become  concent- 
ers to,  and  partakers  in,  the  sin  and  guilt  of  this  abominable  traffic,  at 
least  for  a  certain  period,  without  any  positive  stipulation  that  it 
should  even  then  be  brought  to  an  end.  We  do  not  behold  in  it  that 
valuable  acquisition  so  much  boasted  of  by  the  honorable  member 
from  Portsmouth,  '  that  an  end  is  then  to  be  put  to  slavery.'  Congress 
may  be  as  much  or  more  puzzled  to  put  a  stop  to  it  then  than  we  are 
now.     The  clause  has  not  secured  its  abolition. 

"  We  do  not  think  ourselves  under  any  obligation  to  perform 
works  of  supererogation  in  the  reformation  of  mankind  ;  we  do  not 
esteem  ourselves  under  any  necessity  to  go  to  Spain  or  Italy  to  sup- 
press the  Inquisition  of  those  countries,  or  of  making  a  journey  to 
the  Carolinas  to  abolish  the  detestable  custom  of  enslaving  the 
Africans :  but,  Sir,  we  will  not  lend  the  aid  of  our  ratification  to  this 
cruel  and  inhuman  merchandise,  not  even  for  a  day.  There  is  a 
great  distinction  in  not  taking  a  part  in  the  most  barbarous  violation 
of  the  sacred  laws  of  God  and  humanity,  and  our  becoming  gua- 
ranties for  its  exercise  for  a  term  of  years.  Yes,  Sir,  it  is  our  full 
purpose  to  wash  our  hands  clear  of  it ;  and  however  unconcerned  spec- 
tators we  may  remain  of  such  predatory  infractions  of  the  laws  of 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  G9 

our  nature,  however  unfeelingly  we  may  subscribe  to  the  ratification  New- 
of  inau-stealing,  with  all  its  baneful  consequences,  yet  I  canuot  but  Conven-1 
believe,  in  justice  to  human  nature,  that  if  we  reserve  the  considera-  t,on- 
tion,  and  bring  this  claimed  power  somewhat  nearer  to  our  own 
doors,  we  shall  form  a  more  equitable  opinion  of  its  claim  to  this  Atherton. 
ratification.  Let  us  figure  to  ourselves  a  company  of  these  man- 
stealers,  well  equipped  for  the  enterprise,  arriving  on  our  coast. 
They  seize  and  carry  off  the  whole  or  a  part  of  the  inhabitants  of  the 
town  of  Exeter.  Parents  are  taken,  and  children  left ;  or  possibly 
they  may  be  so  fortunate  as  to  have  a  whole  family  taken  and  carried 
off"  together  by  these  relentless  robbers.  What  must  be  their  feelings 
in  the  hands  of  their  new  and  arbitrary  masters  ?  Dragged  at  once 
from  every  thing  they  held  dear  to  them  ;  stripped  of  every  comfort 
of  life,  like  beasts  of  prey,  —  they  are  hurried  on  a  loathsome  and 
distressing  voyage  to  the  coast  of  Africa,  or  some  other  quarter  of 
the  globe,  where  the  greatest  price  may  await  them ;  and  here,  if  any 
thing  can  be  added  to  their  miseries,  conies  on  the  heart-breaking 
scene.  A  parent  is  sold  to  one,  a  son  to  another,  aud  a  daughter  to 
a  third  !  Brother  is  cleft  from  brother,  sister  from  sister,  and  parents 
from  their  darling  offspring  !  Broken  with  every  distress  that  human 
nature  can  feel,  and  bedewed  with  tears  of  anguish,  they  are  dragged 
into  the  last  stage  of  depression  and  slavery,  never,  never  to  behold 
the  faces  of  one  another  again  !  The  scene  is  too  affecting.  I  have 
not  fortitude  to  pursue  the  subject."  —  Elliot's  Debates,  vol.  ii. 
pp.  203,  204. 

Pennsylvania  was  the  second  State  to  adopt  the  Constitu-  Pennsyi- 
tion.  The  remarks  of  James  Wilson,  in  the  Ratification  Con-  ventiou. 
vention,  must  not  be  omitted.  Mr.  Wilson  was  one  of  the 
signers  of  the  Declaration  of  Independence,  and  was  for 
several  years  a  member  of  Congress.  He  was  not  only  an 
eloquent  orator  and  ready  debater,  but  may  be  regarded  as 
one  of  the  first  jurists  in  the  country.  Washington  appoint- 
ed him  a  Judge  of  the  Supreme  Court  of  the  United  States 
the  year  after  the  adoption  of  the  Constitution ;  and  he  held 
the  office  until  his  death,  which  occurred  in  1798.  The  opin- 
ions of  such  a  man  are  entitled  to  great  consideration. 


70  AN   HISTORICAL   RESEARCH. 

Pennsyl-  "  With  respect  to  the  clause  restricting  Congress  from  prohibiting 

vention.  tne  migration  or  importation  of  such  persons  as  any  of  the  States  now 
existing  snail  think  proper  to  admit  prior  to  the  year  1808,  the 
Jnmes  honorable  gentleman  says  that  this  clause  is  not  only  dark,  but  in- 
tended to  grant  to  Congress,  for  that  time,  the  power  to  admit  the 
importion  of  slaves.  No  such  thing  was  intended.  But  I  will  tell 
you  what  was  done,  and  it  gives  me  high  pleasure  that  so  much  was 
done.  Under  the  present  Confederation,  the  States  may  admit  the 
importation  of  slaves  as  long  as  they  please  ;  but  by  this  article,  after 
the  year  1808,  the  Congress  will  have  power  to  prohibit  such  impor- 
tation, notwithstanding  the  disposition  of  any  State  to  the  contrary. 
I  consider  this  as  laying  the  foundation  for  banishing  slavery  out  of  this 
country ;  and  though  the  period  is  -more  distant  than  I  could  wish,  yet 
it  will  produce  the  same  kind,  gradual  change  ivhich  was  pursued  in 
Pennsylvania.  It  is  with  much  satisfaction  I  view  this  power  in  the 
General  Government,  whereby  they  may  lay  an  interdiction  on  this 
reproachful  trade.  But  an  immediate  advantage  is  also  obtained  : 
for  a  tax  or  duty  may  be  imposed  on  such  importation,  not  exceeding 
ten  dollars  for  each  person  ;  and  this,  Sir,  operates  as  a  partial  pro- 
hibition. It  was  all  that  could  be  obtained.  I  am  sorry  it  was  no 
more  ;  but  from  this  I  think  there  is  reason  to  hope,  that  yet  a  few 
years,  and  it  will  be  prohibited  altogether ;  and,  in  the  mean  time, 
the  new  States  which  are  to  be  formed  will  be  under  the  control  of 
Congress  in  this  particular,  and  slaves  will  never  be  introduced 
amongst  them. 

"  I  recollect,  on  a  former  day,  the  honorable  gentleman  from 
Westmoreland  (Mr.  Findley),  and  the  honorable  gentleman  from  Cum- 
berland (Mr.  Whitehill),  took  exceptions  against  the  1st  clause  of 
the  9th  sect.,  art.  1,  arguing,  very  unfairly,  that,  because  Congress, 
might  impose  a  tax  or  duty  of  ten  dollars  on  the  importation  of  slaves 
within  any  of  the  United  States,  Congress  might  therefore  permit 
slaves  to  be  imported  within  this  State,  contrary  to  its  laws.  I 
confess,  I  little  thought  that  this  part  of  the  system  would  be  except- 
ed to. 

"  I  am  sorry  that  it  could  be  extended  no  farther  ;  but,  so  far 
as  it  operates,  it  presents  us  with  the  pleasing  prospect,  that  the 
rights  of  mankind  will  be  acknowledged  and  established  throughout 
the  Union. 

"  If  there  was  no  other  lovely  feature  in  the  Constitution  but  this 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  71 

one,  it  would  diffuse  a  beauty  over  its  whole  countenance.      Tet  the  James 
lapse  of  a  few  years,   and  Congress  will   have  power  to   exterminate 
slavery  from   within    our    borders."  —  Elliot's   Debates,    vol.  ii.    pp. 
452,  484.  x 

Maryland  adopted  the  Constitution  in  opposition   to   the  Maryland 
strong  remonstrance  of  Luther  Martin.     The   address  which 
he  made  to  the  State  Legislature  has  heen  published,  and  fills 
between  forty  and  fifty  closely  printed  pages.     The  part  per- 
tinent to  this  paper  is  here  copied  entire  :  — 

"  By  the  ninth  section  of  this   article,  the  importation  of  such  Luther 

persons  as  any  of  the  States  now  existing  shall  think  proper  to  admit  n,a  Leeis- 

shall  not  be  prohibited  prior  to  the  year  one  thousand  eisrht  hundred  '"tore  of 
1  r  .  J  °  Maryland, 

and  eight ;   but  a  duty  may  be  imposed  on   such   importation,  not 

exceeding  ten  dollars  each  person. 

"  The  design  of  this  clause  is  to  prevent  the  General  Government 
from  prohibiting  the  importation  of  slaves  :  but  the  same  reasons 
which  caused  them  to  strike  out  the  word  '  national,'  and  not  admit 
the  word  '  stamps,'  influenced  them  here  to  guard  against  the  word 
'  slaves.'  They  anxiously  sought  to  avoid  the  admission  of  expressions 
which  might  be  odious  in  the  ears  of  Americans,  although  they  were 
willing  to  admit  into  their  system  those  things  which  the  expressions 
signified  :  and  hence  it  is  that  the  clause  is  so  worded  as  really  to 
authorize  the  General  Government  to  impose  a  duty  of  ten  dollars 
on  every  foreigner  who  comes  into  a  State  to  become  a  citizen, 
whether  he  comes  absolutely  free,  or  qualifiedly  so  as  a  servant ; 
although  this  is  contrary  to  the  design  of  the  framers,  and  the  duty 
was  only  meant  to  extend  to  the  importation  of  slaves. 
>  "  This  clause  was  the  subject  of  a  great  diversity  of  sentiment  in 
the  Convention.  As  the  system  was  reported  by  the  committee  of 
detail,  the  provision  was  general,  th»t  such  importation  should  not  be 
prohibited,  without  confining  it  to  any  particular  period.  This  was 
rejected  by  eight  States ;  Georgia,  South  Carolina,  and,  I  think, 
North  Carolina,  voting  for  it. 

"  We  were  then  told  by  the  delegates  of  the  two  first  of  those 
States,  that  their  States  would  never  agree  to  a  system  which  put  it 
in  the  power  of  the  General  Government  to  prevent  the  importa- 
tion of  slaves  ;  and  that  they,  as  delegates  from  those  States,  must 
withhold  their  assent  from  such  a  system. 


72  AN   HISTORICAL    RESEARCH. 

Luther  "  A  committee  of  one  member  from  each  State  was  chosen  by 

the  Le<ris-  ballot  to  take  this  part  of  the  system  under  their  consideration,  and 
M-inhml  t0  enc'eavor  t0  agree  upon  some  report  which  should  reconcile  those 
States.  To  this  committee  also  was  referred  the  following  proposi- 
tion, which  had  been  reported  by  the  committee  of  detail ;  viz.,  '  Xo 
navigation  act  shall  be  passed  without  the  assent  of  two-thirds  of 
the  members  present  in  each  house,'  —  a  proposition  which  the 
staple  and  commercial  States  were  solicitous  to  retain,  lest  their  com- 
merce should  be  placed  too  much  under  the  power  of  the  Eastern 
States,  but  which  these  last  States  were  as  anxious  to  reject.  This 
committee,  of  which  also  I  had  the  honor  to  be  a  member,  met,  and 
took  under  their  consideration  the  subjects  committed  to  them.  I 
found  the  Eastern  States,  notwithstanding  their  aversion  to  slavery, 
were  very  willing  to  indulge  the  Southern  States  at  least  with  a  tem- 
porary liberty  to  prosecute  the  slave-trade,  provided  the  Southern 
States  would,  in  their  turn,  gratify  them  by  laying  no  restriction  on 
navigation  acts ;  and,  after  a  very  little  time,  the  committee,  by  a 
great  majority,  agreed  on  a  report,  by  which  the  General  Govern- 
ment was  to  be  prohibited  from  preventing  the  importation  of  slaves 
for  a  limited  time,  and  the  restrictive  clause  relative  to  navigation 
acts  was  to  be  omitted. 

"This  report  was  adopted  by  a  majority  of  the  Convention,  but 
not  without  considerable  opposition.  It  was  said  that  we  had  just 
assumed  a  place  among  independent  nations  in  consequence  of  our 
opposition  to  the  attempts  of  Great  Britain  to  enslave  us  ;  that  this 
opposition  was  grounded  upon  the  preservation  of  those  rights  to  which 
God  and  nature  had  entitled  us,  not  in  particular,  but  iu  common 
with  the  rest  of  all  mankind  ;  that  we  had  appealed  to  the  Supreme 
Being  for  his  assistance,  as  the  God  of  freedom,  who  could  not  but 
approve  our  efforts  to  preserve  the  rights  which  he  had  thus  imparted 
to  his  creatures  ;  that  now,  when  we  scarcely  had  risen  from  our 
knees,  from  supplicating  his  aid  and  protection  in  forming  our  govern- 
ment over  a  free  people,  —  a  government  formed  pretendedly  on  the 
principles  of  liberty,  and  for  its  preservation,  —  in  that  government  to 
have  a  provision  not  only  putting  it  out  of  its  power  to  restrain  and 
prevent  the  slave-trade,  but  even  encouraging  that  most  infamous 
traffic  by  giving  the  States  power  and  influence  in  the  Union  in  pro- 
portion as  they  cruelly  and  wantonly  sport  with  the  rights  of  their 
fellow-creatures,  ought  to  be  considered  as  a  solemn  mockery  of,  and 
insult  to,  that  God  whose  protection  we  had  then  implored;  and  could 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  73 

not  fail  to  hold  us  up  in  detestation,  and  render  us  contemptible  to  Luther 
every  true  friend  of  liberty  in  the  world.     It  was  said,  it  ought  to  be  tj,e  Legis- 
considered    that    national  crimes  can   only  be,   and   frequently  are,  lStur^0'j 
punished  in  this  world  by  national  punishments  ;  and  that  the  con- 
tinuance of  the  slave-trade,  and  thus  giving  it  a  national  sanction 
aud  encouragement,  ought  to  be  considered  as  justly  exposing  us  to 
the  displeasure  and  vengeance  of  Him  who  is  equally  Lord  of  all, 
and  who  views  with  equal  eye  the  poor  African  slave  and  his  Ameri- 
can master. 

"  It  was  urged,  that,  by  this  system,  we  were  giving  the  General 
Government  full  and  absolute  power  to  regulate  commerce  ;  under 
which  general  power  it  would  have  a  right  to  restrain,  or  totally  pro- 
hibit, the  slave-trade.  It  must  therefore  appear  to  the  world  absurd 
and  disgraceful,  to  the  last  degree,  that  we  should  except  from  the 
exercise  of  that  power  the  only  branch  of  commerce  which  is  unjusti- 
fiable in  its  nature,  and  contrary  to  the  rights  of  mankind  ;  that,  on 
the  contrary,  we  ought  rather  to  prohibit  expressly,  in  our  Constitu- 
tion, the  further  importation  of  slaves,  and  to  authorize  the  General 
Government,  from  time  to  time,  to  make  such  regulations  as  should 
be  thought  most  advantageous  for  the  gradual  abolition  of  slavery, 
and  the  emancipation  of  the  slaves  which  are  already  in  the  States  ; 
that  slavery  is  inconsistent  with  the  genius  of  republicanism,  and  has 
a  tendency  to  destroy  those  principles  on  which  it  is  supported,  as  it 
lessens  the  sense  of  the  equal  rights  of  mankind,  and  habituates  us 
to  tyranny  and  oppression.  It  was  further  urged,  that,  by  this  sys- 
tem of  government,  every  State  is  to  be  protected  both  from  foreign 
invasion  and  from  domestic  insurrections  ;  that,  from  this  considera- 
tion, it  was  of  the  utmost  importance  it  should  have  a  power  to 
restrain  the  importation  of  slaves,  since,  in  proportion  as  the  number 
of  slaves  was  increased  in  any  State,  in  the  same  proportion  the  State 
is  weakened,  and  exposed  to  foreign  invasion  or  domestic  insurrec- 
tion, and  by  so  much  less  will  it  be  able  to  protect  itself  against 
either ;  and  therefore  will,  by  so  much  the  more,  want  aid  from,  and 
be  a  burden  to,  the  Union.  It  was  further  said,  that  as,  in  this  sys- 
tem, we  were  giving  the  General  Government  a  power,  under  the 
idea  of  national  character  or  national  interest,  to  regulate  even  our 
weights  and  measures,  and  have  prohibited  all  possibility  of  emitting 
paper  money,  and  passing  insolvent  laws,  &c,  it  must  appear  still 
more  extraordinary  that  we  should  prohibit  the  government  from 
interfering  with  the  slave-trade,  than  which  nothing  could  so  ma- 

10 


74 


AN   HISTORICAL   RESEARCH. 


Luther 
Martin  to 
the  Legis- 
lature of 
Maryland. 


terially  affect  both  our  national  honor  and  interest.  These  reasons 
influenced  me,  both  on  the  Committee  and  in  Convention,  most 
decidedly  to  oppose  and  vote  against  the  clause,  as  it  now  makes  a 
part  of  the  system. 

"  You  will  perceive,  Sir,  not  only  that  the  General  Government 
is  prohibited  from  interfering  in  the  slave-trade  before  the  year 
eighteen  hundred  and  eight,  but  that  there  is  no  provision  in  the 
Constitution  that  it  shall  afterwards  be  prohibited,  nor  any  security 
that  such  prohibition  will  ever  take  place  ;  and  I  thiuk  there  is  great 
reason  to  believe,  that,  if  the  importation  of  slaves  is  permitted  until 
the  year  eighteen  hundred  and  eight,  it  will  not  be  prohibited  after- 
wards. At  this  time,  we  do  not  generally  hold  this  commerce  in  so 
great  abhorrence  as  we  have  done.  When  our  liberties  were  at  stake, 
we  warmly  felt  for  the  common  rights  of  men.  The  danger  being 
thought  to  be  past  which  threatened  ourselves,  we  are  daily  growing 
more  insensible  to  those  rights.  In  those  States  which  have  restrained 
or  prohibited  the  importation  of  slaves,  it  is  only  done  by  legislative 
acts  which  may  be  repealed.  When  those  States  find  that  they  must, 
in  their  national  character  and  connection,  suffer  in  the  disgrace,  and 
share  in  the  inconveniences,  attendant  upon  that  detestable  and 
iniquitous  traffic,  they  may  be  desirous  also  to  share  in  the  benefits 
arising  from  it ;  and  the  odium  attending  it  will  be  greatly  effaced  by 
the  sanction  which  is  given  to  it  in  the  General  Government."  — 
Elliot's  Debates,  vol.  i.  pp.  372-375. 


Virginia 
Conven- 
tion. 


George 
Mason. 


Virginia  was  the  tenth  State  to  ratify  the  Constitution. 
Nowhere  were  the  debates  more  able  and  thorough  than 
there.  It  was  not  till  June  that  the  Convention  was  held. 
The  proceedings  occupy  the  whole  of  the  third  volume  of 
Elliot's  "  Debates."  George  Mason,  Patrick  Henry,  and 
James  Madison  were  among  the  most  important  speakers. 
Let  us  look  at  their  speeches. 

"Tuesday,  June  15,  178S. 

"  Mr.  George  Mason.  Mr.  Chairman,  this  is  a  fatal  section, 
which  has  created  more  dangers  than  any  other.  The  first  clause 
allows  the  importation  of  slaves  for  twenty  years.  Under  the  Eoyal 
Government,  this  evil  was  looked  upon  as  a  great  oppression,  and 
many  attempts  were  made  to  prevent  it ;  but  the  interest  of  the 
African  merchants  prevented  its  prohibition.     No  sooner  did  the  Revo- 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  75 

lution  take  place   than   it  was   thought  of.     It  was   one  of  the  great  Virginia 

causes  of  our   separation   from   Great  Britain.     Its   exclusion   has  tiun. 

been  a  principal  object  of  this  State,  and  most  of  the  States  in  the 

Union.     The  augmentation  of  slaves  weakens  the  States  ;  and  such  a  "eorge 
...  .  .  .     Miisou. 

trade  is  diabolical  in  itself,  and  disgraceful  to  mankind :  yet,  by  this 

Constitution,  it  is  continued  for  twenty  years.  As  much  as  I  value  a 
union  of  all  the  States,  I  would  not  admit  the  Southern  States  into  the 
Union,  unless  they  agree  to  the  discontinuance  of  this  disgraceful  trade, 
because  it  woidd  bring  weakness,  and  not  strength,  to  the  Union.  And, 
though  this  infamous  traffic  be  continued,  we  have  no  security  for  the 
property  of  that  kind  which  we  have  already.  There  is  no  clause  in 
this  Constitution  to  secure  it ;  for  they  may  lay  such  a  tax  as  will 
amount  to  manumission.  And  should  the  Government  be  amended, 
still  this  detestable  kind  of  commerce  cannot  be  discontinued  till  after 
the  expiration  of  twenty  years  ;  for  the  fifth  article,  which  provides 
for  amendments,  expressly  excepts  this  clause.  /  have  ever  looked 
upon  this  as  a  most  disgraceful  thing  to  America.  I  cannot  express 
my  detestation  of  it.  Yet  they  have  not  secured  us  the  property  of 
the  slaves  we  have  already :  so  that  '  they  have  done  what  they  ought 
not  to  have  done,  and  have  left  undone  what  they  ought  to  have  done.' 

"  Mr.  Madisox.  Mr.  Chairman,  I  should  conceive  this  clause  to  James 
be  impolitic,  if  it  were  one  of  those  things  which  could  be  excluded  a  lson* 
without  encountering  greater  evils.  The  Southern  States  would  not 
have  entered  into  the  Union  of  America,  without  the  temporary  per- 
mission of  that  trade  ;  and,  if  they  were  excluded  from  the  Union,  the 
consequences  might  be  dreadful  to  them  and  to  us.  TTe  are  not  in  a 
worse  situation  than  before.  That  traffic  is  prohibited  by  our  laws, 
and  we  may  continue  the  prohibition.  The  Union  in  general  is  not 
in  a  worse  situation.  Under  the  Articles  of  Confederation,  it  might 
be  continued  for  ever ;  but,  by  this  clause,  an  end  may  be  put  to  it 
after  twenty  years.  There  is,  therefore,  an  amelioration  of  our  cir- 
cumstances. A  tax  may  be  laid  in  the  mean  time  :  but  it  is  limited ; 
otherwise  Congress  might  lay  such  a  tax  as  would  amount  to  a  pro- 
hibition. From  the  mode  of  representation  and  taxation,  Congress 
cannot  lay  such  a  tax  on  slaves  as  will  amount  to  manumission. 
Another  clause  secures  us  that  property  which  we  now  possess.  At 
present,  if  any  slave  elopes  to  any  of  those  States  where  slaves  are 
free,  he  becomes  emancipated  by  their  laws  ;  for  the  laws  of  the  States 
are  uncharitable  to  one  another  in  this  respect.  But,  in  this  Constitu- 
tion, '  no  person  held  to  service  or  labor  in  one  Slate,  under  the  laws 


76 


AN   HISTORICAL   RESEARCH. 


Virginia 
Conven- 
tion. 


.Tames 
Madison. 


thereof,  escaping  into  another,  shall,  in  consequence  of  any  law  or 
regulation  therein,  be  discharged  from  such  service  or  labor  ;  but 
shall  be  delivered  up  on  claim  of  the  party  to  whom  such  service  or 
labor  shall  be  due.'  This  clause  was  expressly  inserted  to  enable 
owners  of  slaves  to  reclaim  them. 

"  This  is  a  better  security  than  any  that  now  exists.  No  power  is 
given  to  the  General  Government  to  interpose  with  respect  to  the 
property  in  slaves  now  held  by  the  States.  The  taxation  of  this  State 
being  equal  only  to  its  representation,  such  a  tax  cannot  be  laid  as  he 
supposes.  They  cannot  prevent  the  importation  of  slaves  for  twenty 
years ;  but,  after  that  period,  they  can.  The  gentlemen  from  South 
Carolina  and  Georgia  argued  in  this  manner :  '  We  have  now  liberty 
to  import  this  species  of  property  ;  and  much  of  the  property  now 
possessed  had  been  purchased,  or  otherwise  acquired,  in  contemplation 
of  improving  it  by  the  assistance  of  imported  slaves.  What  would  be 
the  consequence  of  hindering  us  from  it  ?  The  slaves  of  Virginia 
would  rise  in  value,  and  we  should  be  obliged  to  go  to  your  markets.' 
I  need  not  expatiate  on  this  subject.  Great  as  the  evil  is,  a  dismember- 
berment  of  the  Union  would  be  worse.  If  those  States  should  disunite 
from  the  other  States  for  not  indulging  them  in  the  temporary  continu- 
ance of  this  traffic,  they  might  solicit  and  obtain  aid  from  foreign 
powers. 
John  Tyler.  "  Mr.  Tyler  warmly  enlarged  on  the  impolicy,  iniquity,  and  dis- 
gracefulness  of  this  wicked  traffic.  He  thought  the  reasons  urged  by 
gentlemen  in  defence  of  it  were  inconclusive  and  ill-founded.  It  was 
one  cause  of  the  complaints  against  British  tyranny,  that  this  trade 
was  permitted.  The  Revolution  had  put  a  period  to  it  ;  but  now  it 
was  to  be  revived.  He  thought  nothing  could  justify  it.  This  tem- 
porary restriction  on  Congress  militated,  in  his  opinion,  against  the 
arguments  of  gentlemen  on  the  other  side,  that  what  was  not  given  up 
was  retained  by  the  States ;  for  that,  if  this  restriction  had  not  been 
inserted,  Congress  could  have  prohibited  the  African  trade.  The 
power  of  prohibiting  it  was  not  expressly  delegated  to  them ;  yet  they 
would  have  had  it  by  implication,  if  this  restraint  had  not  been  pro- 
vided. This  seemed  to  him  to  demonstrate  most  clearly  the  necessity 
of  restraining  them,  by  a  Bill  of  Rights,  from  infringing  our  unalien- 
able rights.  It  was  immaterial  whether  the  Bill  of  Rights  was  by 
itself,  or  included  in  the  Constitution.  But  he  contended  for  it  one 
way  or  the  other.  It  would  be  justified  by  our  own  example  and  that 
of  England.     His  earnest  desire  was,  that  it  should  be  handed  down 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  77 

to  posterity  that  he  had  opposed  this  wicked  clause."  —  Elliot's  De-  Virginia 

,    .  -,".-■  i-ijKi  Conven- 

batcs,  voi.  in.  pp.  -ioj— 4o4.  tion- 

Patrick  Henry  was  the  most  distinguished  opponent  of  the 
Federal  Constitution  in  the  whole  country.  He  had  been 
appointed  a  delegate  to  the  Convention  at  Philadelphia,  but 
declined  to  attend.  In  the  Virginia  State  Convention  he  per- 
sistently endeavored  to  defeat  its  adoption.  When  he  found 
his  efforts  unsuccessful,  like  a  true  patriot,  he  ceased  his 
opposition.  Although  he  detested  slavery,  he  was  unwilling 
to  grant  to  the  United-States  Congress  the  power  of  abolish- 
ing it  without  the  consent  of  the  States.  This  power  he 
thought  he  saw  in  the  Constitution,  though  not  directly  ex- 
pressed in  its  language. 

"  Among  ten  thousand  implied  powers  which  they  may  assume,  Patrick 
they  may,  if  we  be  engaged  in  war,  liberate  every  one  of  your  slaves, 
if  they  please  ;  and  this  must  and  will  be  done  by  men,  a  majority  of 
whom  have  not  a  common  interest  with  you.  They  will,  therefore, 
have  no  feeling  of  your  interests.  It  has  been  repeatedly  said  here, 
that  the  great  object  of  a  National  Government  was  national  defence. 
That  power  which  is  said  to  be  intended  for  security  and  safety  may 
be  rendered  detestable  and  oppressive.  If  they  give  power  to  the 
General  Government  to  provide  for  the  general  defence,  the  means 
must  be  commensurate  to  the  end.  All  the  means  in  the  possession 
of  the  people  must  be  given  to  the  Government  which  is  intrusted 
with  the  public  defence.  In  this  State,  there  are  236.000  blacks,  and 
there  are  many  in  several  other  States  :  but  there  are  few  or  none  in  the 
Northern  States  ;  and  yet,  if  the  Northern  States  shall  be  of  opinion 
that  our  slaves  are  numberless,  they  may  call  forth  every  national 
resource.  May  Congress  not  say  that  every  Hack  man  must  fight? 
Did  we  not  see  a  little  of  this  last  war  ?  We  were  not  so  hard  pushed 
as  to  make  emancipation  general ;  but  acts  of  Assembly  passed,  that 
every  slave  who  would  go  to  the  army  should  be  free.  Another  thing 
will  contribute  to  bring  this  event  about :  slavery  is  detested  ;  we 
feel  its  fatal  effects  ;  we  deplore  it  with  all  the  pity  of  humanity. 
Let  all  these  considerations,  at  some  future  period,  press  with  full 
force  on  the  minds  of  Congress, — let  that  urbanity,  which  I  trust 
will  distinguish  America,  and  the  necessity  of  national  defence,  —  let 


78 


AN   HISTORICAL   RESEARCH. 


Virginia 
Conven- 
tion. 


Patrick 
Henrv. 


Edmund 
Randolph. 


all  these  things  operate  on  their  minds  :  they  will  search  that  paper, 
and  see  if  they  have  power  of  manumission.  And  have  they  not, 
Sir  ?  Have  they  not  power  to  provide  for  the  general  defence  and 
welfare  ?  May  they  not  think  that  these  call  for  the  abolition  of 
slavery  ?  May  they  not  pronounce  all  slaves  free  ?  and  will  they  not 
be  warranted  by  that  power  ?  This  is  no  ambiguous  implication  or 
logical  deduction.  The  paper  speaks  to  the  point.  They  have  the 
power,  in  clear,  unequivocal  terms,  and  will  clearly  and  certainly 
exercise  it.  As  much  as  I  deplore  slavery,  I  see  that  prudence  for- 
bids its  abolition.  I  deny  that  the  General  Government  ought  to  set 
them  free,  because  a  decided  majority  of  the  States  have  not  the  ties 
of  sympathy  and  fellow-feeling  for  those  whose  interest  would  be 
affected  by  their  emancipation.  The  majority  of  Congress  is  to  the 
North,  and  the  slaves  are  to  the  South."  —  Elliot's  Debates,  vol.  iii. 
pp.  589,  590. 

Governor  Randolph  had  been  a  member  of  the  Federal 
Convention;  but  he  had  refused  to  sign  the  Constitution, 
wishing  to  be  left  free  to  oppose  or  to  advocate  its  adoption 
when  it  came  before  his  State  for  consideration.  He  aftei-- 
wards,  however,  saw,  that  on  the  ratification  of  the  Constitu- 
tion hung  all  hopes  of  preserving  the  Union,  and  he  now  gave 
it  his  hearty  support.     He  thus  replied  to  Mr.  Henry :  — 

"  That  honorable  gentleman,  and  some  others,  have  insisted  that 
the  abolition  of  slavery  will  result  from  it,  and  at  the  same  time  have 
complained  that  it  encourages  its  continuation.  The  inconsistency 
proves,  in  some  degree,  the  futility  of  their  arguments.  But,  if  it  be 
not  conclusive  to  satisfy  the  committee  that  there  is  no  danger  of  en- 
franchisement taking  place,  I  beg  leave  to  refer  them  to  the  paper 
itself.  I  hope  that  there  is  none  here,  who,  considering  the  subject 
in  the  calm  light  of  philosophy,  will  advance  an  objection  dishonora- 
rble  to  Virginia,  —  that,  at  the  moment  they  are  securing  the  rights  of 
their  citizens,  an  objection  is  started  that  there  is  a  spark  of  hope  that 
those  unfortunate  men  now  held  in  bondage  may,  by  the  operation  of  the 
General  Government,  be  made  free.  But,  if  any  gentleman  be  terrified 
by  this  apprehension,  let  him  read  the  system.  I  ask,  and  I  will  ask 
again  and  again,  till  I  be  answered  (not  by  declamation),  Where  is 
the  part  that  has  a  tendency  to  the  abolition  of  slavery  ?  Is  it  the 
clause  which  says  that '  the  migration  or  importation  of  such  persons 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  79 

as  any  of  the  States  now  existing  shall  think  proper  to  admit  shall  Virginia 
not  be  prohibited  by  Congress  prior  to  the  year  1808  '  ?     This  is  an  tjon. 
exception  from  the  power  of  regulating  commerce,  and  the  restriction 

is  only  to  continue  till  1808.     Then  Congress  can,  by  the  exercise  of  £dm,untI, 

J  ...  .       Randolph, 

that  power,  prevent  future  importations.  But  does  it  affect  the  exist- 
ing state  of  slavery  ?  Were  it  right  here  to  mention  what  passed  in 
convention  on  the  occasion,  I  might  tell  you  that  the  Southern  States, 
even  South  Carolina  herself,  conceived  this  property  to  he  secure  by  these 
words.  I  believe,  whatever  we  may  think  here,  that  there  was  not  a 
member  of  the  Virginia  delegation  who  had  the  smallest  suspicion  of 
the  abolition  of  slavery.  Go  to  their  meaning.  Poiut  out  the  clause 
where  this  formidable  power  of  emancipation  is  inserted."  —  Elliot's 
Debates,  vol.  iii.  pp.  598,  599. 

In  North  Carolina,  a  Convention,  "  for  the  purpose  of  de-  North- 

.    .  .  Carolina 

liberating  and  determining  on  the  proposed  Constitution,"  conven- 
was  called  by  the  Legislature.     It  assembled  in  Hillsborough 
on  the  21st  of  July,  1788 ;  and  continued  its  session  till  Aug. 
2d,  when  it  adjourned  without  either  adopting  or  rejecting 
the  Constitution. 

A  few  extracts  from  the  debates  will  show  how  slavery 
was  regarded  in  its  connection  with  the  Federal  Constitution. 

"  Mr.  Davie.  .  .  .  The  gentleman  '  does  not  wish  to  be  represent-  William  R. 
ed  with  negroes.'  This,  Sir,  is  an  unhappy  species  of  population ;  Dav'e- 
but  we  cannot  at  present  alter  their  situation.  The  Eastern  States 
had  great  jealousies  on  this  subject.  They  insisted  that  their  cows 
and  horses  were  equally  entitled  to  representation  ;  that  the  one  was 
property  as  well  as  the  other.  It  became  our  duty,  on  the  other 
hand,  to  acquire  as  much  weight  as  possible  in  the  legislation  of  the 
Union  ;  and,  as  the  Northern  States  were  more  populous  in  whites, 
this  only  could  be  done  by  insisting  that  a  certain  proportion  of  our 
slaves  should  make  a  part  of  the  computed  population.  It  was  at- 
tempted to  form  a  rule  of  representation  from  a  compound  ratio  of 
wealth  and  population  :  but,  on  consideration,  it  was  found  impracti- 
cable to  determine  the  comparative  value  of  lands  and  other  property, 
in  so  extensive  a  territory,  with  any  degree  of  accuracy  ;  and  popula- 
tion alone  was  adopted  as  the  only  practicable  rule  or  criterion  of 
representation.  It  was  urged  by  the  deputies  of  the  Eastern  States, 
that  a  representation  of  two-fifths  would  be  of  little  utility,  and  that 


80 


AN   HISTORICAL   RESEARCH. 


North- 
Carolina 
Conven- 
tion. 


William  R. 

Davie. 


their  entire  representation  would  be  unequal  and  burdensome  ;  that, 
in  a  time  of  war,  slaves  rendered  a  country  more  vulnerable,  while 
its  defence  devolved  upon  its  free  inhabitants.  On  the  other  hand, 
we  insisted,  that,  in  time  of  peace,  they  contributed,  by  their  labor, 
to  the  general  wealth,  as  well  as  other  members  of  the  community ; 
that,  as  rational  beings,  they  had  a  right  of  representation,  and,  in  some 
instances,  might  he  highly  useful  in  war.  On  these  principles,  the 
Eastern  States  gave  the  matter  up,  and  consented  to  the  regulation 
as  it  has  been  read.  I  hope  these  reasons  will  appear  satisfactory." 
—  Elliot's  Debates,  vol.  iv.  pp.  30,  31. 


Richard  D. 
Spaight. 


Joseph 
M'Dowall. 


James 
Iredell. 


When  the  ninth  section  was  under  discussion,  Mr.  M'Dow- 
all wished  to  hear  the  reasons  of  the  restriction  on  Congress 
in  regard  to  prohibiting  the  importation  of  slaves  before  the 
year  1808. 

"  Mr.  Spaight  answered,  that  there  was  a  contest  between  the 
Northern  and  Southern  States  ;  that  the  Southern  States,  whose 
principal  support  depended  on  the  labor  of  slaves,  would  not  consent 
to  the  desire  of  the  Northern  States  to  exclude  the  importation  of 
slaves  absolutely  ;  that  South  Carolina  and  Georgia  insisted  on  this 
clause,  as  they  were  now  in  want  of  hands  to  cultivate  their  lands  ; 
that,  in  the  course  of  twenty  years,  they  would  be  fully  supplied  ;  that 
the  trade  would  be  abolished  then  ;  and  that,  in  the  mean  time,  some 
tax  or  duty  might  be  laid  on. 

"  Mr.  M'Dowall  replied,  that  the  explanation  was  just  such  as 
he  expected,  and  by  no  means  satisfactory  to  him  ;  and  that  he  looked 
upon  it  as  a  very  objectionable  part  of  the  system. 

"  Mr.  Iredell.  Mr.  Chairman,  I  rise  to  express  sentiments  simi- 
lar to  those  of  the  gentleman  from  Craven.  For  my  part,  were  it 
practicable  to  put  au  end  to  the  importation  of  slaves  immediately,  it 
would  give  me  the  greatest  pleasure  ;  for  it  certainly  is  a  trade  utterly 
inconsistent  with  the  rights  of  humanity,  and  under  which  great 
cruelties  have  been  exercised.  Wlien  the  entire  abolition  of  slavery 
takes  place,  it  will  be  an  event  which  must  be  pleasing  to  every  generous 
mind  and  every  friend  of  human  nature;  but  we  often  wish  for  tilings 
which  are  not  attainable.  It  was  the  wish  of  a  great  majority  of  the 
Convention  to  put  an  end  to  the  trade  immediately ;  but  the  States  of 
South  Carolina  and  Georgia  would  not  agree  to  it.  Consider,  then, 
what  would  be  the  difference  between  our  present  situation  in  this 


NEGROES   AS   SLATES   AND   AS   CITIZENS.  81 

respect,  if  we  do  not  agree  to  the  Constitution,  and  what  it  will  be  if  North- 

_„  ,  .  i       ,  -i  i  Carolina 

we  do  agree  to  it.     It  we  do  not  agree  to  it,  do  we  remedy  the  evil  i  Conven- 
No,  Sir :  we  do  not ;  for,  if  the  Constitution  be  not  adopted,  it  will  tlon- 
be  in  the  power  of  every  State  to  continue  it  for  ever.     They  may  or  Jamcs 
may  not  abolish  it  at  their  discretion.     But,  if  we  adopt  the  Constitu-  Iredell. 
tion,  the  trade  must  cease  after  twenty  years,  if  Congress  declare  so, 
whether  particular  States  please  so  or  not :  surely,  then,  we  can  gain 
by  it.     This  was  the  utmost  that  could  be  obtained.     I  heartily  wish 
more  could  have  been  done  ;  but,  as  it  is,  this  Government  is  nobly 
distinguished  above  others  by  that  very  provision.     Where  is  there 
another  country  in  which  such  a  restriction  prevails  ?     "We  therefore, 
Sir,  set  an  example  of  humanity,  by  providing  for  the  abolition  of 
this  inhuman  traffic,  though  at  a  distant  period.     I  hope,  therefore, 
that  this  part  of  the  Constitution  will  not  be  condemned  because  it 
has  not  stipulated  for  what  was  impracticable  to  obtain. 

"  Mr.  Galloway.     Mr.  Chairman,  the  explanation  given  to  this  £ai??es 

'  r  D ,  Galloway 

clause  does  not  satisfy  my  mind.  I  wish  to  see  this  abominable  trade 
put  an  end  to.  But  in  case  it  be  thought  proper  to  continue  this 
abominable  traffic  for  twenty  years,  yet  I  do  not  wish  to  see  the  tax 
on  the  importation  extended  to  all  persons  whatsoever.  Our  situation 
is  different  from  the  people  to  the  North.  We  want  citizens :  they 
do  not.  Instead  of  laying  a  tax,  we  ought  to  give  a  bounty  to  en- 
courage foreigners  to  come  among  us.  With  respect  to  the  abolition 
of  slavery,  it  requires  the  utmost  consideration.  The  property  of  the 
Southern  States  consists  principally  of  slaves.  If  they  mean  to  do 
away  slavery  altogether,  this  property  will  be  destroyed.  I  appre- 
hend it  means  to  bring  forward  manumission.  If  we  must  manumit 
our  slaves,  what  country  shall  we  send  them  to  ?  It  is  impossible 
for  us  to  be  happy,  if,  after  manumission,  they  are  to  stay  among  us. 

"  Mr.  Iredell There  is  another  circumstance  to  be  ob-  'Tames 

.  Iredell. 

served.  There  is  no  authority  vested  in  Congress  to  restrain  the 
States,  in  the  interval  of  twenty  years,  from  doing  what  they  please. 
If  they  wish  to  prohibit  such  importation,  they  may  do  so."  —  Elliot's 
Debates,  vol.  iv.  pp.  100-102. 

In  South  Carolina,  the  Constitution  was  discussed  in  the  South- 

Carolina 

Legislature  before  the  Convention  was  called.     Two  or  three  Legisla- 
ture, 
extracts  from  the  speeches  made  before  that  body  will  end 

these  specimens  of  the  Debates. 

n 


82 


AN   HISTORICAL    RESEARCII. 


South- 
Carolina 

Legisla- 
ture. 


Rawlins 
Lowndes. 


fien.  C.  C. 

I'lnukney. 


"  Mr.  Lowndes  remarked,  that  we  had  a  law  prohibiting  the  im- 
portation of  negroes  for  three  years,  — a  law  he  greatly  approved  of; 
but  there  was  no  reason  offered  why  the  Southern  States  might  not 
find  it  necessary  to  alter  their  conduct,  and  open  their  ports.  With- 
out negroes,  this  Slate  would  degenerate  into  one  of  the  most  contemptible 
in  the  Union;  and  he  cited  an  expression  that  fell  from  General 
Pinckney  on  a  former  debate,  that,  whilst  there  remained  one  acre  of 
swamp-land  in  South  Carolina,  he  should  raise  his  voice  against  re- 
stricting the  importation  of  negroes.  Even  in  granting  the  importa- 
tion for  twenty  years,  care  had  been  taken  to  make  us  pay  for  this 
indulgence ;  each  negro  being  liable,  on  importation,  to  pay  a  duty 
not  exceeding  ten  dollars  ;  and,  in  addition  to  this,  they  were  liable 
to  a  capitation  tax.  Negroes  were  our  wealth,  our  only  natural  re- 
source ;  yet  behold  how  our  kind  friends  in  the  North  were  determined 
soon  to  tie  up  our  hands,  and  drain  us  of  what  we  had  !  The  Eastern 
States  drew  their  means  of  subsistence,  in  a  great  measure,  from 
their  shipping ;  and,  on  that  head,  they  had  been  particularly  careful 
not  to  allow  of  any  burdens.  They  were  not  to  pay  tonnage  or  duties  ; 
no,  not  even  the  form  of  clearing  out :  all  ports  were  free  and  open 
to  them  !  Why,  then,  call  this  a  reciprocal  bargain,  which  took  all 
from  one  party,  to  bestow  it  on  the  other  ?  "  —  Elliot's  Delates,  vol. 
iv.  pp.  272,  273. 

General  Charles  Cotesworth  Pinckney  had  been  a  member 
of  the  Federal  Convention,  and  was  an  earnest  and  able  sup- 
porter of  the  rights  of  the  State  he  represented.  He  was 
undoubtedly  sincere  in  his  belief  that  he  had  made  for  his 
constituents  pretty  good  terms  in  regard  to  their  special 
interests,  and  that  they  ought  to  be  satisfied  with  the  Con- 
stitution, and  vote  for  its  adoption. 

"  You  have  so  frequently  heard  my  sentiments  on  this  subject, 
that  I  need  not  now  repeat  them.  It  was  alleged  by  some  of  the 
members  who  opposed  an  unlimited  importation,  that  slaves  increased 
the  weakness  of  any  State  who  admitted  them ;  that  they  were  a 
dangerous  species  of  property,  which  an  invading  enemy  could  easily 
turn  against  ourselves  and  the  neighboring  States  ;  and  that,  as  we 
were  allowed  a  representation  for  them  in  the  House  of  Representa- 
tives, our  influence  in  government  would  be  increased  in  proportion  as 
we  were  less  able  to  defend  ourselves.     '  Show  some  period,'  said  the 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  83 

members  from  the  Eastern  States,  '  when  it  may  be  in  our  power  to  South- 
put  a  stop,  if  we  please,  to  the  importation  of  this  weakness,  and  we  Legisla- 
will   endeavor,  for  your  convenience,  to  restrain  the  religions  and  ture- 

political  prejudices  of  our  people  on  this  subject.'     The  Middle  States  Gen.  C.  C. 

,  -rr-     -    .  ,  ,  ,  n  ■  Piuckney. 

and  V  irgmia  made  us  no  such  proposition  :  they  were  tor  an  imme- 
diate and  total  prohibition.  We  endeavored  to  obviate  the  objections 
that  were  made,  in  the  best  manner  we  could,  and  assigned  reasons 
for  our  insisting  on  the  importation  ;  which  there  is  no  occasion  to 
repeat,  as  they  must  occur  to  every  gentleman  in  the  house.  A  Com- 
mittee of  the  States  was  appointed,  in  order  to  accommodate  this 
matter ;  and,  after  a  great  deal  of  difficulty,  it  was  settled  on  the  foot- 
ing recited  in  the  Constitution. 

"  By  this  settlement,  we  have  secured  an  unlimited  importation  of 
negroes  for  twenty  years.  Nor  is  it  declared  that  the  importation 
shall  be  then  stopped  :  it  may  be  continued.  We  have  a  security  that 
the  General  Government  can  never  emancipate  them ;  for  no  such 
authority  is  granted  :  and  it  is  admitted,  on  all  hands,  that  the  Gene- 
ral Government  has  no  powers  but  what  are  expressly  granted 
by  the  Constitution,  and  that  all  rights  not  expressed  were  reserved  by 
the  several  States.  We  have  obtained  a  right  to  recover  our  slaves 
in  whatever  part  of  America  they  may  take  refuge  ;  which  is  a  right 
we  had  not  before.  In  short,  considering  all  circumstances,  we  have 
made  the  best  terms  for  the  security  of  this  species  of  property  it  was 
in  our  power  to  make.  We  would  have  made  better,  if  we  could  ; 
but,  on  the  whole,  I  do  not  think  them  bad."  —  Elliot's  Debates,  vol. 
iv.  pp.  285,  286. 

Outside,  also,  of  the  State  Conventions,  opinions  in  regard 
to  the  effect  of  the  Federal  Constitution  on  slavery  were 
divided.  Two  letters,  written  on  the  same  day,  in  different 
parts  of  the  country,  by  persons  of  high  character  and  great 
influence  in  their  respective  States,  will  exhibit  these  differ- 
ing views. 

Dr.  Eamsay,  the  historian  of  South  Carolina,  in  a  letter  to 
General  Lincoln,  dated  Charleston,  Jan.  29th,  1788,  says, — 

"  Our  Assembly  is  now  sitting,  and  have  unanimously  agreed  to  Doctor 
hold  a  convention.     By  common  consent,  the  merits  of  the  Federal  Eamsay- 
Constitution  were  freely  discussed  on  that  occasion,  for  the  sake  of 


8-1  AN   HISTORICAL   RESEARCH. 

Doctor  enlightening  our  citizens.  Mr.  [Rawlins]  Lowndes  was  the  only  man 
am=a\.  yf^Q  made  direct,  formal  opposition  to  it.  His  objections  were  local, 
and  proceeded  from  an  illiberal  jealousy  of  New-England  men.  He 
urged  that  you  would  raise  freights  on  us,  and,  in  short,  that  you 
were  too  cunning  for  our  honest  people  ;  that  your  end  of  the  Con- 
tinent would  rule  the  other ;  and  that  the  sun  of  our  glory  would  set 
when  the  new  Constitution  operated.  He  has  not  one  Federal  idea  in 
his  head.  He  is  said  to  be  honest,  and  free  from  debt :  but  he  was 
an  enemy  to  independence  ;  and,  though  our  President  in  1778,  he 
was  a  British  subject  in  1780.  His  taking  protection  was  rather  the 
passive  act  of  an  old  man  than  otherwise.  He  never  aided  or  abetted 
the  British  Government  directly ;  but  his  example  was  mischievous. 
His  opposition  has  poisoned  the  minds  of  some. 

"  I  fear  the  numerous  class  of  debtors  more  than  any  other.  On 
the  wdiole,  I  have  no  doubt  the  Constitution  will  be  accepted  by  a  very 
great  majority  in  this  State.  The  sentiments  of  our  leading  men  are, 
of  late,  much  more  Federal  than  formerly.  This  honest  sentiment 
wTas  avowed  by  the  first  characters  :  '  New  England  has  lost,  and  we 
have  gained,  by  the  war  ;  and  her  suffering  citizens  ought  to  be  our 
carriers,  though  a  dearer  freight  should  be  the  consequence.'  Your 
delegates  never  did  a  more  politic  thing  than  in  standing  by  those  of 
South  Carolina  about  negroes.  Virginia  deserted  them,  and  was  for 
an  immediate  stoppage  of  further  importation.  The  [Old]  Dominion 
has  lost  much  popularity  by  the  conduct  of  her  delegates  on  this  head. 
The  language  now  is,  '  The  Eastern  States  can  soonest  help  us  in  case 
of  invasion ;  and  it  is  more  our  interest  to  encourage  them  and  their 
shipping  than  to  join  with  or  look  up  to  Virginia.' 

"  In  short,  Sir,  a  revolution  highly  favorable  to  union  has  taken 
place  :  Federalism,  and  liberality  of  sentiment,  have  gained  great 
ground.  Mr.  Lowndes  still  thinks  you  are  a  set  of  sharpers,  and  does 
not  wonder  that  you  are  for  the  new  Constitution ;  as,  in  his  opinion, 
you  will  have  all  the  advantage.  He  thinks  you  begrudge  us  our 
negroes.  But  he  is  almost  alone."  —  Boiven's  Life  of  Gen.  Lincoln, 
(Sparks's  Amer.  Biogr.,  2d  Series,  vol.  xiii.,)  pp.  410-412. 

In  a  letter  to  Dr.  Hart  of  Preston,  dated  29th  January, 
1788,  the  Rev.  Dr.  Hopkins  of  Newport,  R.I.,  writes  thus  :  — 

Rev.  Dr.  "  The  new  Constitution,  you  observe,  guarantees  this  trade  for 

op -ins.     twenty  years.     I  fear,  if  it  be  adopted,  this  will  prove  an  Achan  in 


NEGROES   AS   SLAVES   AND   AS   CITIZENS.  85 

our  camp.     How  docs  it  appear  in  the  sight  of  Heaven  aud  of  all  Rev.  Dr. 

«  .        Hopkins, 

good  men,  well  informed,  that  these  States,  who  have  been  fighting 

for  liberty,  and  consider  themselves  as  the  highest  and  most  noble 
example  of  zeal  for  it,  cannot  agree  in  any  political  Constitution, 
unless  it  indulge  and  authorize  them  to  enslave  their  fellow-men  ! 
I  think  if  this  Constitution  be  not  adopted  as  it  is,  without  any  altera- 
tion, we  shall  have  none,  and  shall  be  in  a  state  of  anarchy,  and 
probably  of  civil  war.  Therefore  I  wish  to  have  it  adopted ;  but 
still,  as  I  said,  J  fear.  And  perhaps  civil  war  will  not  be  avoided,  if 
it  be  adopted.  Ah  !  these  unclean  spirits,  like  frogs,  —  they,  like  the 
Furies  of  the  poets,  are  spreading  discord,  and  exciting  men  to  con- 
tention and  war,  wherever  they  go ;  and  they  can  spoil  the  best 
Constitution  that  can  be  formed.  When  Congress  shall  be  formed  on 
the  new  plan,  these  frogs  will  be  there ;  for  they  go  forth  to  the  kings 
of  the  earth,  in  the  first  place.  They  will  turn  the  members  of  that 
august  body  into  devils,  so  far  as  they  are  permitted  to  influence  them. 
Have  they  not  already  got  possession  of  most  of  the  men  who  will  or 
can  be  chosen  and  appointed  to  a  place  in  that  assembly  ?  I  suppose 
that  even  good  Christians  are  not  out  of  the  reach  of  influence  from 
these  frogs.  '  Blessed  is  he  that  watcheth  and  keepeth  his  gar- 
ments.'" —  Park's  Memoir  of  Hopkins,  pp.  158,   159. 

I  have  thus  attempted  to  give  a  fair  representation  of  the 
different  shades  of  opinion  on  the  Constitution  in  its  relations 
to  slavery,  as  expressed  by  the  leading  statesmen  at  the  North 
and  at  the  South.  In  the  ample  extracts  from  the  Debates 
which  have  been  presented,  an  apparent  lack  of  harmon}T  may 
be  discovered  among  the  arguments  used  in  various  parts  of 
the  country,  whether  in  urging  its  adoption  or  its  rejection. 
With  an  earnest  zeal  to  secure  for  their  country  so  great  a 
boon  as  a  firmly  established  Constitutional  Government,  its 
advocates  may  have  pressed  a  little  too  strongly  the  argu- 
ments in  favor  of  the  views  most  acceptable  to  the  particular 
State  which  at  the  time  had  the  matter  under  consideration. 
On  the  other  hand,  the  opponents  of  the  Constitution  undoubt- 
edly exaggerated  the  evils  which  it  was  supposed  it  would 
entail  upon  the  States,  and  perhaps  unconsciously  misrepre- 
sented the  effects  of  the  different  clauses  referring  to  slavery. 


86  AN   HISTORICAL   RESEARCH. 

One  thing  is  certain,  that  whilst  the  delegates  from  Georgia 
and  South  Carolina  asked  only  a  temporary  toleration  of  the 
slave-trade,  and  non-interference  with  their  local  arrangements 
respecting  domestic  slavery,  (declaring  that,  if  let  alone,  they 
might  themselves,  as  soon  as  it  was  practicable,  stop  the  im- 
portation of  slaves,)  the  common  sentiment,  in  the  Convention 
and  throughout  the  country,  was,  that  the  letter  and  the  spirit 
of  the  Constitution,  fairly  interpreted  and  faithfully  applied, 
afforded  a  full  guaranty  of  universal  freedom  throughout  the 
Union  at  no  distant  day.  The  purpose  of  the  Constitution 
was  put  into  the  preamble  in  no  equivocal  language,  and  for 
no  doubtful  purpose.  It  was  "  to  secure  liberty,"  and  not 
to  protect  slavery :  for  liberty  had  been  declared  to  be  a 
natural,  national,  and  unalienable  right;  while  slavery  was 
known  to  be  an  unnatural,  sectional,  temporary  evil.  It  was 
intended,  that,  under  the  Constitution,  slavery  should,  and  it 
was  expected  that  it  would,  at  no  distant  day,  be  abolished. 

The  distinguished  English  moralist,  Dr.  Paley,  published 
his  "  Moral  and  Political  Philosophy "  two  years  after  our 
National  Independence  had  been  acknowledged.  In  his  chap- 
ter on  Slavery,  he  placed  permanently  on  record  his  view  of 
the  effect  of  the  principles  promulgated  by  the  American 
patriots,  in  these  words :  "  The  great  Revolution  which  has 
taken  place  in  the  Western  World  may  probably  conduce 
(and  who  knows  but  that  it  was  designed?)  to  accelerate  the 
fall  of  this  abominable  tyranny." 

Half  a  century  later,  in  the  Senate  of  the  United  States, 
Daniel  Webster,  the  great  defender  of  the  Constitution,  re- 
affirmed the  principles  of  the  Founders  of  the  Republic  in  an 
immortal  sentence,  which  it  would  be  well  for  his  countrymen 
now  to  heed.  It  is  applicable  in  a  broader  sense  fhan  its 
author  on  that  occasion  intended :  "  Liberty  and  Union,  now 


II. 

NEGHOES    AS    SOLDIERS. 


II. 

NEGROES  AS   SOLDIERS. 

A  question  of  much  importance  is  presented  to  our  National 
Government  at  this  time  respecting  the  employment  of  ne- 
groes as  soldiers.  Those  on  whom  devolves  the  responsibility 
of  suppressing  this  monstrous  Rebellion,  must  ultimately,  and 
at  no  distant  day,  decide  the  matter.  In  their  decision,  they 
will  undoubtedly  be  influenced  by  a  regard  to  the  usage  and 
experience,  in  this  respect,  of  those  who  directed  our  military 
affairs  in  the  war  of  Independence,  as  well  as  by  a  considera- 
tion of  the  probable  effect  of  their  action  on  our  loyal  soldiers, 
and  on  the  armed  traitors  who  are  arrayed  against  them. 

It  is  not  strange  that  the  President,  on  whom,  more  than 
on  all  others,  rests  the  responsibility  of  taking  the  final  step 
in  this  direction,  should  pause  a  while  to  consider  the  subject 
in  all  its  bearings,  and  to  allow  public  opinion  to  shape  itself 
more  distinctly,  that  his  decision,  when  made,  shall  have  from 
the  Nation  a  cordial  and  general  support. 

Public  opinion  heretofore  has  been  divided  on  this  ques- 
tion. In  one  direction,  whenever  the  subject  of  negro  soldiers 
is  mentioned,  there  is  an  outcry,  as  if  an  atrocious  and  unheard- 
of  policy  were  now  about  to  be  introduced,  —  something  at 
variance  with  the  practice  of  our  Revolutionary  leaders,  and 
abhorrent  to  the  moral  sentiment  and  the  established  usage 
of  civilized  and  Christian  warriors. 

On  the  other  hand,  Governor  Sprague  of  Rhode  Island, 
a  conservative  of  the  first  degree,  but  convinced  that  there 
is  something  more  worthy  of  conservation  than  treacherous 
timidity  or  popular  prejudice,  calls  upon  the  colored  people 
of  his  own  patriotic  State  to  follow  the  example  of  their  fathers 
in  the  war  of  Seventy-six,  and  form  themselves  into  a  regi- 

12 


90  AN   HISTORICAL    RESEARCH. 

ment,  which  he  proposes,  at  the  proper  time,  to  lead  to  the 
field  in  person. 

To  throw  some  light  from  the  history  of  the  past,  I  pro- 
pose, by  a  reference  to  the  annals  of  the  American  Revolution 
and  a  citation  of  competent  authorities,  to  exhibit  the  opinions 
of  the  patriot  statesmen  and  soldiers  of  that  period,  and  their 
action  in  regard  to  negroes  as  soldiers,  as  well  as  the  result 
of  their  experiment. 

Two  or  three  incidents  in  the  earliest  conflicts  with  the 
British  troops  will  show  how  little  prejudice  there  was  against 
negroes  at  the  commencement  of  the  war,  and  how  ready  the 
citizens  generally  then  were,  not  only  to  secure  their  services 
as  fellow-soldiers,  but  to  honor  them  for  their  patriotism  and 
valor. 

In  the  "  Boston  Gazette,  or  Weekly  Journal,"  of  Tuesday, 
Oct.  2,  1750,  there  was  published  the  following  advertise- 
ment :  — 

"  ~T\  AN-away  from  his  master  William  Brown  of  Framingham,  on 
-tV  the  30th  of  Sept.  last,  a  Molatto  Fellow,  about  27  Years  of 
Age,  named  Crispas,  6  Feet  2  Inches  high,  short  curl'd  Hair,  his 
Knees  nearer  together  than  common  ;  had  on  a  light  colour'd  Bear- 
skin Coat,  plain  brown  Fustian  Jacket,  or  brown  all-Wool  one,  new 
Buckskin  Breeches,  blue  Yarn  Stockings,  and  a  checked  woolen  Shirt. 
"  "Whoever  shall  take  up  said  Run-away,  and  convey  him  to  his 
ahovesaid  Master,  shall  have  ten  Pounds,  old  Tenor  Reward,  and  all 
necessary  Charges  paid.  And  all  Masters  of  Vessels  and  others,  are 
hereby  cautioned  against  concealing  or  carrying  off  said  Servant  on 
Penalty  of  the  Law.     Boston,  October  2,  1750." 

The  "  Molatto  Fellow,"  it  seems,  did  not  speedily  return 
to  his  master,  notwithstanding  the  reward  which  was  offered ; 
for,  on  the  13th  and  20th  of  November,  another  advertisement, 
similar  to  the  above,  was  published  in  the  same  Journal. 

The  next  time  that  his  name  appeared  in  a  Boston  news- 
paper, twenty  years  later,  it  was  under  very  different  cir- 
cumstances. He  was  no  longer  a  fugitive  slave,  but  a  hero 
and  a  martyr. 


NEGROES   AS   SOLDIERS.  91 

The  Boston  Massacre,  March  5,  1770,  may  be  regarded  as  Boston 

Massacre, 

the  first  act  in  the  drama  of  the  American  Revolution.  "  From  March  5, 
that  moment,"  said  Daniel  Webster,  "  we  may  date  the  sever- 
ance of  the  British  Empire."  The  presence  of  the  British 
soldiers  in  King  Street  excited  the  patriotic  indignation  of 
the  people.  The  whole  community  was  stirred,  and  sage 
counsellors  were  deliberating  and  writing  and  talking  about 
the  public  grievances.  But  it  was  not  for  "the  wise  and 
prudent"  to  be  the  first  to  act  against  the  encroachments  of 
arbitrary  power.  "  A  motley  rabble  of  saucy  boys,  negroes 
and  mulattoes,  Irish  Teagues,  and  outlandish  Jack  tars,"  (as 
John  Adams  described  them  in  his  plea  in  defence  of  the 
soldiers,)  could  not  restrain  their  emotion,  or  stop  to  inquire 
if  what  they  must  do  was  according  to  the  letter  of  any  law. 
Led  by  Crispus  Attucks,  the  mulatto  slave,  and  shouting, 
"  The  way  to  get  rid  of  these  soldiers  is  to  attack  the  main 
guard  ;  strike  at  the  root ;  this  is  the  nest,"  with  more  valor 
than  discretion  they  rushed  to  King  Street,  and  were  fired 
upon  by  Captain  Preston's  Company.  Crispus  Attucks  was 
the  first  to  fall :  he  and  Samuel  Gray  and  Jonas  Caldwell 
were  killed  on  the  spot.  Samuel  Maverick  and  Patrick  Can- 
were  mortally  wounded. 

The  excitement  which  followed  was  intense.  The  bells  of 
the  town  were  rung.  An  impromptu  town-meeting  was  held, 
and  an  immense  assembly  was  gathered. 

Three  days  after,  on  the  8th,  a  public  funeral  of  the  mar-  Funeral 
tyrs  took  place.  The  shops  in  Boston  were  closed ;  and  all  Martyrs, 
the  bells  of  Boston  and  the  neighboring  towns  were  rung. 
It  is  said  that  a  greater  number  of  persons  assembled  on  this 
occasion  than  were  ever  before  gathered  on  this  continent  for 
a  similar  purpose.  The  body  of  Crispus  Attucks,  the  mulatto 
slave,  had  been  placed  in  Faneuil  Hall,  with  that  of  Caldwell ; 
both  being  strangers  in  the  city.  Maverick  was  buried  from 
his  mother's  house  in  Union  Street ;  and  Gray,  from  his 
brother's  in  Royal  Exchange  Lane.     The  four  hearses  formed 


92 


AN   HISTORICAL   RESEARCH. 


Boston 
Massacre, 
March  5, 
1770. 


Joseph 
Warren. 


1775, 
17th  June. 
Battle  of 
Bunker 
Hill. 


a  junction  in  King  Street ;  and  there  the  procession  marched 
in  columns  six  deep,  with  a  long  file  of  coaches  belonging  to 
the  most  distinguished  citizens,  to  the  Middle  Burying-ground, 
where  the  four  victims  were  deposited  in  one  grave ;  over 
which  a  stone  was  placed  with  this  inscription:  — 

"  Long  as  in  Freedom's  cause  the  wise  contend, 
Dear  to  your  country  shall  your  fame  extend; 
While  to  the  world  the  lettered  stone  shall  tell 
Where  Caldwell,  Attucks,  Gray,  and  Maverick  fell." 

The  anniversary  of  this  event  was  publicly  commemorated 
in  Boston  by  an  oration  and  other  exercises  every  year  until 
after  our  national  Independence  was  achieved,  when  the 
Fourth  of  July  was  substituted  for  the  Fifth  of  March  as 
the  more  proper  day  for  a  general  celebration.  Not  only  was  the 
event  commemorated,  but  the  martyrs  who  then  gave  up  their 
lives  were  remembered  and  honored.  Dr.  Joseph  "Warren, 
in  his  Oration  in  March,  1775,  only  two  months  before  he 
showed  the  sincerity  of  his  sentiments  by  sealing  them  with 
his  own  precious  blood,  gave  utterance  to  the  following  bold 
and  timely  words :  — 

"  That  personal  freedom  is  the  natural  right  of  every  man,  and 
that  property,  or  an  exclusive  right  to  dispose  of  what  he  has  honestly 
acquired  by  his  own  labor,  necessarily  arises  therefrom,  are  truths 
which  cornrnon  sense  has  placed  beyond  the  reach  of  contradiction. 
And  no  man,  or  body  of  men,  can,  without  being  guilty  of  flagrant 
injustice,  claim  a  right  to  dispose  of  the  persons  or  acquisitions  of  any 
other  man,  or  body  of  men,  unless  it  can  be  proved  that  such  a  right 
has  arisen  from  some  compact  between  the  parties,  in  which  it  has 
been  explicitly  and  freely  granted." —  Oration,  p.  5. 

At  the  battle  of  Bunker  Hill,  on  the  memorable  17th  of 
June,  1775,  negro  soldiers  stood  side  by  side,  and  fought 
bravely,  with  their  white  brethren.  If  on  the  monument 
which  commemorates  that  event  were  inscribed  the  names  of 
those  most  worthy  of  honor  for  their  heroic  deeds  on  that  day, 
high  up  on  the  shaft,  with  the  names  of  Warren  and  Prescott, 


NEGROES   AS   SOLDIERS.  93 

we  should  find  that  of  Peter  Salem,  a  negro  soldier,  once  a  Peter 

Salem. 

slave. 

Major  Pitcairn,  of  the  British  Marines,  it  is  well  known, 
fell  just  as  he  mounted  the  redoubt,  shouting  "  The  day  is 
ours  ! "  The  shot  which  laid  him  low  was  fired  by  Peter 
Salem. 

Although  the  shaft  does  not  bear  his  name,  the  pencil  of 
the  artist  has  portrayed  the  scene,  the  pen  of  the  impartial 
historian  has  recorded  his  achievement,  and  the  voice  of  the 
eloquent  orator  has  resounded  his  valor. 

Colonel  Trumbull,  in  his  celebrated  historic  picture  of  this  Colonel 
battle,  introduces  conspicuously  the  colored  patriot.  At  the  picture. 
time  of  the  battle,  the  artist,  then  acting  as  adjutant,  was  sta- 
tioned with  his  regiment  in  Roxbury,  and  saw  the  action  from 
that  point.  The  picture  was  painted  in  1T86,  when  the  event 
was  fresh  in  his  mind.  It  is  a  significant  historical  fact,  per- 
tinent to  our  present  research,  that,  among  the  limited  num- 
ber of  figures  introduced  on  the  canvas,  more  than  one  negro 
soldier  can  be  distinctly  seen. 

And  here  I  may  venture  to  publish  an  extract  from  a  letter 
written  to  me  recently  by  Aaron  White,  Esq.,  of  Thompson, 
in  Connecticut,  in  answer  to  an  inquiry  on  this  subject :  — 

"With  regard  to  the  black  hero  of  Bunker  Hill,  I  never  knew  him  Aaron 
personally,  nor  did  I  ever  hear  from  his  lips  the  story  of  his  achieve-  accnunt 
ments  ;  but  I  have  better  authority.     About  the  year  1807, 1  heard  a  of  Peter 
soldier  of  the  Revolution,  who  was  present  at  the  Bunker-Hill  battle, 
relate  to  my  father  the  story  of  the  death  of  Major  Pitcairn.     He  said 
the  Major  had  passed  the  storm  of  our  fire  without,  and  had  mounted  the 
redoubt,  when,  waving  his  sword,  he  commanded,  in  a  loud  voice, 
the  '  rebels '  to  surrender.     His  sudden  appearance  and  his  command- 
ing air  at  first  startled  the  men  immediately  before  him.     They  neither 
answered  nor  fired  ;  probably  not  being  exactly  certain  what  was  next 
to  be  done.     At  this  critical  moment,  a  negro  soldier  stepped  forward, 
and,  aiming  his  musket   directly  at  the   major's  bosom,  blew  him 
through.     My  informant  declared  that  he  was  so  near,  that  he  dis- 
tinctly saw  the  act.     The  story  made  quite  an  impression  on  my  mind. 


94 


AN   HISTORICAL   RESEARCH. 


Aceonnt 
of  Peter 
Salem. 


Emory 
Washburn. 


Edward 

Everett's 

honorable 

mention 

of  Peter 

Salem. 


I  have  frequently  heard  my  father  relate  the  story,  and  have  no  doubt 
of  its  truth.  My  father,  on  the  day  of  the  battle,  was  a  mere  child, 
and  witnessed  the  battle  and  the  burning  of  Charlestown  from  Rox- 
bury  Hill,  sitting  on  the  shoulders  of  the  Rev.  Mr.  Jackson,  who  said 
to  him  as  he  replaced  him  on  the  ground,  '  Now,  boy,  do  you  re- 
member this.'  Consequently,  after  such  an  injunction,  he  would 
necessarily  pay  particular  attention  to  anecdotes  concerning  the  first 
and  only  battle  he  ever  witnessed." 

The  Rev.  William  Barry  in  his  excellent  "  History  of 
Framingham,"  and  the  Hon.  Emory  Washburn  in  his  valuable 
"  History  of  Leicester,"  give  pretty  full  accounts  of  the  col- 
ored patriot,  who  acted  so  important  a  part  on  that  memorable 
occasion.     Mr.  Washburn  says, — 

"  That  shot  was  undoubtedly  fired  by  Peter ;  and  the  death  of 
Major   Pitcairn,  with   its   accompanying  circumstances,  formed  one 

of  the  most  touching  incidents   of  this  eventful  day After 

the  war,  he  came  to  Leicester,  and  continued  to  reside  there  till  a 
short  time  before  his  death.  The  history  of  the  town  would  be  in- 
complete  without   giving  him   a   place He    was    born 

in  Framingham,  and  was  held  as  a  slave,  probably  until  he  joined 
the  army ;  whereby,  if  not  before,  he  became  free.  This  was  the 
case  with  many  of  the  slaves  in  Massachusetts,  as  no  slave  could  be 
mustered  into  the  army.  If  the  master  suffered  this  to  be  done,  it 
worked  a  practical  emancipation.  Peter  served  faithfully  as  a  soldier, 
during  the  war,  in  Col.  Nixon's  regiment.  A  part  of  the  time,  he 
was  the  servant  of  Col.  Nixon,  and  always  spoke  of  him  in  terms  of 
admiration."  —  History  of  Leicester,  pp.  2GC,  207,  308. 

When  the  statue  of  General  Joseph  Warren  was  inaugurat- 
ed on  the  17th  of  June,  1857,  the  Honorable  Edward  Everett, 
in  his  Address,  did  not  forget  to  mention  the  colored  patriot, 
and  thus  to  secure  for  his  act  perpetual  record.  Sucli  an 
honor  far  exceeds  that  of  any  sculptured  stone.  Po'inting  to 
the  obelisk,  Mr.  Everett  said :  — 

"  It  commemorates  no  individual  man  or  State.  It  stands,  indeed, 
on  the  soil  of  Massachusetts,  where  the  battle  was  fought ;  but  there 
it  stands  equally  for  Connecticut,  New  Hampshire,  and  Rhode  Island, 
and  the  youuger  sisters  of  the  New-England  family,  Vcruiout  and 


NEGROES   AS   SOLDIERS.  95 

Maine,  whose  troops  shared  with  ours  the  dangers  and  honors  of  the  Edward 
V  f       t.  „  Everett's 

day.     It  stands  for  Prescott  and  \v  arren,  but  not  less  for  Putnam  honorable 

and  Stark  and  Greene.  No  name  adorns  the  shaft ;  but  ages  hence,  oTT'e'ter 
though  our  alphabets  may  become  as  obscure  as  those  which  cover  Salem. 
the  monuments  of  Nineveh  and  Babylon,  its  uninscribed  surface  (on 
which  monarchs  might  be  proud  to  engrave  their  titles)  will  perpetu- 
ate the  memory  of  the  17th  of  June.  It  is  the  monument  of  the  day, 
of  the  event,  of  the  battle  of  Bunker  Hill ;  of  all  the  brave  men  who 
shared  its  perils, —  alike  of  Prescott  and  Putnam  and  Warren,  the 
chiefs  of  the  day,  and  the  colored  man,  Salem,  who  is  reported  to  have 
shot  the  gallant  Pitcairn,  as  he  mounted  the  parapet.  Cold  as  the 
clods  on  which  it  rests,  still  as  the  silent  heavens  to  which  it  soars,  it 
is  yet  vocal,  eloquent,  in  their  undivided  praise." — Orations  and 
Speeches,  vol.  iii.  p.  529. 

Another  colored  soldier,  who  participated  in  the  battle  of  Salem 
Bunker  Hill,  is  favorably  noticed  in  a  petition  to  the  General 
Court,  signed  by  some  of  the  principal  officers,  less  than  six 
months  after  the  event.     It  is  printed  from  the  original  manu- 
script in  our  State  Archives. 

"  To  the  Honorable  General  Court  of  the  Massachusetts  Bay. 

"  The  subscribers  beg  leave  to  report  to  your  Honorable  House 
(which  we  do  in  justice  to  the  character  of  so  brave  a  man),  that, 
under  our  own  observation,  we  declare  that  a  negro  man  called  Salem 
Poor,  of  Col.  Frye's  regiment,  Capt.  Ames'  company,  in  the  late  bat- 
tle at  Charlestown,  behaved  like  an  experienced  officer,  as  well  as  an 
excellent  soldier.  To  set  forth  particulars  of  his  conduct  would  be 
tedious.  "We  would  only  beg  leave  to  say,  in  the  person  of  this  said 
negro  centres  a  brave  and  gallant  soldier.  The  reward  due  to  so 
great  and  distinguished  a  character,  we  submit  to  the  Congress. 


"Jona.  Brewer,  Col. 
Thomas  Nixon,  Lt.-Col. 
Wm.  Prescott,  Col0- 
Ephm-  Corey,  Lieut. 
Joseph  Baker,  Lieut. 
Joshua  Bow,  Lieut. 
Jonas  Bichardson,  Capt. 
"Cambridge,  Dec.  5,  1775. 

"  In  Council,  Dec.  21,  1775.  —  Eead,  and  sent  down. 

"  Perez  Morton,  Dep'y  Sec'y.' 
(MS.  Archives  of  Massachusetts,  vol.  clxxx.  p.  241.) 


Eliphalet  Bodwell,  Sgt. 
Josiah  Foster,  Lieut. 
Ebenr.  Varnl-m,  2d  Lieut. 
Wm.  Hudson  Ballard,  Cpt. 
William  Smith,  Cap. 
John  Morton,  Sergt.  [?] 
Lieut.  Bichard  Welsh. 


96  AN   HISTORICAL   RESEARCH. 

Here  I  cannot  forbear  calling  attention  to  the  opinion  of 
one  who  was  a  brave  soldier,  not  only  in  this  battle,  but  from 
the  commencement  to  the  close  of  the  Revolution ;  and  whose 
name  continues  to  be  honored  in  his  children  and  his  chil- 
dren's children  in  our  own  city. 

Major  "Samuel  Lawrence  was  born  in  Groton,  April  24,  1754  ;  and  was, 

T  *i  wrpncG 

therefore,  in  bis  early  manhood  when  our  Revolutionary  struggle 
commenced.  In  common  with  all  the  hardy,  intelligent,  liberty-lov- 
iug  yeomanry  of  New  England,  he  espoused  the  cause  of  the  Colonies, 
and  devoted  himself  to  it  with  a  courage  that  never  failed,  a  constancy 
that  never  faltered,  till  his  country  had  passed  'from  impending  ser- 
vitude to  acknowledged  independence.'  At  work  in  the  field,  plough- 
ing bis  paternal  acres,  when  the  news  of  the  attack  upon  Concord 
reached  Groton,  be  immediately  unloosed  a  horse  from  his  team,  and, 
mounting,  rode  rapidly  through  Groton  and  some  of  the  adjoining 
towns,  spreading  the  alarm,  and  summoning  the  militia  to  assemble. 
He  returned  in  season  to  join  bis  own  company  at  the  church  at  Gro- 
ton, at  twelve  o'clock ;  where,  after  prayer  offered  by  the  pastor  of 
the  town,  they  started  for  Concord,  helped  to  swell  that  impetuous 
tide  of  resistance  which  drove  back  the  invaders,  and  slept  that  night 
on  Cambridge  Common,  after  a  forced  march  of  thirty  miles,  and  hot 
'  skirmishes  with  the  retreating  foe.  From  that  time  to  the  peace  of 
1783,  he  was  '  a  soldier  of  the  Revolution' ;  and,  with  the  exception 
of  one  or  two  brief  visits  to  his  family  and  friends  at  Groton,  he  was 
in  actual  service  throughout  the  whole  war.  He  rose  to  the  rank  of 
major,  and  for  a  considerable  period  was  attached  to  Gen.  Sullivan's 
staff  as  adjutant ;  an  office  for  which  his  powerful  lungs  and  sonorous 
voice,  which  could  be  heard  throughout  a  long  line  of  troops, 
peculiarly  fitted  him.  He  was  in  many  of  the  severest  battles  of  the 
Revolution. 

"  At  Bunker  Hill,  where  he  was  slightly  wounded,  bis  coat  and 
hat  were  pierced  with  the  balls  of  the  enemy,  and  were  preserved  in 
the  family  for  many  years.  At  one  time  he  commanded  a  company 
whose  rank  and  file  were  all  negroes,  of  whose  courage,  military 
discipline,  and  fidelity,  be  always  spoke  with  respect.  On  one  occa- 
sion, being  out  reconnoitring  with  this  company,  he  got  so  far  in 
advance  of  his  command,  that  he  was  surrounded,  and  on  the  point 
of  being  made  prisoner  by  the  enemy.  The  men,  soon  discovering 
his  peril,  rushed  to  his  rescue,  and  fought  with  the  most  determined 


NEGROES   AS   SOLDIERS.  97 

bravery  till  that  rescue  was  effectually  secured.     He  never  forgot  this  Major 
circumstance,  and  ever  after  took  especial  pains  to  show  kindness  and 
hospitality  to  any  individual  of  the  colored  race  who  came  near  his 
dwelling."  —  Memoir  of    William   Lawrence,  by  Rev.  S.  K.  Lothrop, 
D.D.,  pp.  8,  9. 

A  single  passage  from  Mr.  Bancroft's  History  will  give  a 
succinct  and  clear  account  of  the  condition  of  the  army,  in 
respect  to  colored  soldiers,  at  the  time  of  the  battle  of  Bunker 
Hill:  — 

"  Nor  should  history  forget  to  record,  that  as  in  the  army  at  Cam-  George 
bridge,  so  also  in  this  gallant  band,  the  free  negroes  of  the  Colony  ancro 
had  their  representatives.  For  the  right  of  free  negroes  to  bear  arms 
in  the  public  defence  was,  at  that  day,  as  little  disputed  in  New  Eng- 
land as  their  other  rights.  They  took  their  place,  not  in  a  separate 
corps,  but  in  the  ranks  with  the  white  man ;  and  their  names  may  be 
read  on  the  pension-rolls  of  the  country,  side  by  side  with  those  of 
Sther  soldiers  of  the  Revolution."  —  Bancrofts  History  of  the  U.S., 
vol.  vii.  p.  421. 

At  the  commencement  of  the  war,  not  only  were  free 
negroes  received  into  the  army,  but,  in  many  instances, 
slaves  also  stood  in  the  ranks  with  freemen.  The  inconsis- 
tency, however,  in  using  as  soldiers,  in  an  army  raised  for 
establishing  National  Liberty,  those  who  were  held  in  bondage, 
was  too  gross  for  the  practice  long  to  continue.  This  was 
virtually  acknowledged  in  a  Resolution  which  was  adopted 
before  the  first  great  battle  had  been  fought. 

On  the  20th  of  May,  the  Committee  of  Safety 

"Resolved,  That  it  is  the  opinion  of  this  Committee,  as  the  contest  Committee 
now  between  Great  Britain  and  the  Colonies  respects  the  liberties  °  a  ety' 
and  privileges  of  the  latter,  which  the  Colonies  are  determined  to 
maintain,  that  the  admission  of  any  persons,  as  Soldiers,  into  the 
Army  now  raising,  but  only  such  as  are  Freemen,  will  be  inconsist- 
ent with  the  principles  that  are  to  be  supported,  and  reflect  dishonor 
on  this  Colony ;  and  that  no  Slaves  be  admitted  into  this  army  upon 
any  consideration  whatever."  —  Force's  American  Archives,  Fourth 
Series,  vol.  ii.  p.  762. 

13 


98  AN   HISTORICAL    RESEARCH. 

The  celebrated  divine,  the  Rev.  Dr.  Hopkins  of  Newport, 
R.  I.,  soon  after  the  commencement  of  hostilities,  published  a 
"  Dialogue  concerning  the  Slavery  of  the  Africans,"  which  he 
dedicated  to  "  The  Honorable  Continental  Congress."  As 
this  tract  was  re-issued  in  New  York  by  the  Manumission 
Society,  of  which  Robert  R.  Livingston,  Alexander  Hamilton, 
and  John  Jay  were  active  members,  and  a  copy  of  it  sent,  by 
their  direction,  to  each  member  of  Congress,  the  views  it  con- 
tains are  quite  important  as  illustrating  the  sentiment  of  some 
of  the  ablest  men  of  that  time.  The  following  extract  is  from 
a  note  to  the  "  Dialogue  :  "  — 

Rev.  Dr.  "  God  is  so  ordering  it  in  his  providence,  that  it  seems  absolutely 

p  m  '  necessary  something  should  speedily  be  done  with  respect  to  the  slaves 
among  us,  in  order  to  our  safety,  and  to  prevent  their  turning  against 
us  in  our  present  struggle,  in  order  to  get  their  liberty.  Our  oppres- 
sors have  planned  to  gain  the  blacks,  and  induce  them  to  take  up  arms 
against  us,  by  promising  them  liberty  on  this  condition  ;  and  this  plan 
they  are  prosecuting  to  the  utmost  of  their  power,  by  which  means 
they  have  persuaded  numbers  to  join  them.  And  should  we  attempt 
to  restrain  them  by  force  and  severity,  keeping  a  strict  guard  over 
them,  and  punishing  them  severely  who  shall  be  detected  in  attempt- 
ing to  join  our  opposers,  this  will  only  be  making  bad  worse,  and 
serve  to  render  our  inconsistence,  oppression,  and  cruelty  more  cri- 
minal, perspicuous,  and  shocking,  and  bring  down  the  righteous 
vengeance  of  Heaven  on  our  heads.  The  only  way  pointed  out  to 
prevent  this  threatening  evil  is  to  set  the  blacks  at  liberty  ourselves 
by  some  public  acts  and  laws,  and  then  give  them  proper  encourage- 
ment to  labor,  or  take  arms  in  the  defence  of  the  American  cause,  as 
they  shall  choose.  This  would  at  once  be  doing  them  some  degree 
of  justice,  and  defeating  our  enemies  in  the  scheme  that  they  are 
prosecuting."  —  Hopkins's  Works,  vol.  ii.  p.  584. 

Many  slaves  were  manumitted  that  they  might  become 
soldiers.  They  served  faithfully  to  the  close  of  the  war. 
Their  skill  and  bravery  were  never  called  in  question,  but, 
on  the  contrary,  were  frequently  commended.  There  does 
not,  however,  appear  to  have  been,  at  that  time,  any  special 


NEGROES  AS  SOLDIERS.  99 

legislation  sanctioning  the  employment  of  Negroes  as  soldiers. 
Authority  was  given  by  the  Provincial  Congress  of  South 
Carolina,  Nov.  20,  1775,  for  military  officers  to  use  slaves  for 
certain  purposes,  as  will  be  seen  by  the  following  resolu- 
tion :  — 

"  On  motion,  Resolved,  That  the  colonels  of  the  several  regiments  Sonth 

.  _,  ,  ,  ..  ..  ,  Carolina 

of  militia  throughout  the  Colony  have  leave  to  enroll  such  a  num-  Provincial 

ber  of  able  male  slaves,  to  be  employed  as  pioneers  and  laborers,  as  Cong>'ess- 

public  exigencies  may  require  ;  and  that  a  daily  pay  of  seven  shillings 

and  sixpence  be   allowed  for  the   service  of  each   such   slave  while 

actually  employed."  —  American  Archives,  Fourth  Series,  vol.    iv. 

p.  61. 

This  resolution  must  not  be  regarded  as  a  general  sanction,  Unsettled 

policy 

on  the  part  of  South  Carolina,  of  the  employment  of  slaves  as  respecting 
soldiers.  Such  was  far  from  being  the  case.  Although  some  soldiers.113 
of  her  ablest  statesmen  and  bravest  soldiers  on  several  occa- 
sions advocated  strongly  in  the  Continental  Congress,  and  in 
the  Provincial  Legislature,  such  a  use  of  Negroes,  there 
was  a  strong,  successful,  and  disastrous  opposition  to"  the 
measure. 

The  first  general  order  issued  by  Ward,  the  commanding 
officer,  required  a  return  of  the  "  complexion  "  of  the  soldiers. 
It  would  be  interesting,  and  not  very  difficult  for  any  one 
who  has  access  to  the  early  rolls  of  the  army,  and  leisure  to 
examine  them,  to  ascertain  the  number  of  negroes  who  be- 
came soldiers.  It  would  also  be  interesting,  and  perhaps  not 
wholly  unprofitable,  to  trace  the  progress  of  opinion  on  this 
subject,  from  the  time  when  the  opposition  to  negro  soldiers 
first  commenced,  until  it  was  so  far  overcome,  that  nearly 
every  State,  by  legislative  act  or  by  practice,  sanctioned  their 
employment.  The  most  that  I  can  do,  in  this  paper,  is  to 
produce  some  specimens  of  the  opinions,  laws,  and  action  of 
that  period.  It  may  be  well  to  observe,  that  what  has  caused 
so  much  complaint  in  the  management  of  the  present  civil 
war  —  the  apparently  vacillating  action  and  unsettled  policy 


100  AN   HISTORICAL   RESEARCH. 

of  the  administration  and  the  army  with  regard  to  the  use  of 
negroes  as  soldiers  —  is  not  without  a  precedent,  "  an  historic 
parallel,"  in  the  annals  of  the  Revolutionary  War. 

Although  slavery  existed  throughout  the  country,  it  is  a 
significant  fact,  that  the  principal  opposition  to  negro  soldiers 
came  from  the  States  where  there  was  the  least  hearty  and 
efficient  support  of  the  principles  of  Republican  Government, 
and  the  least  ability  or  disposition  to  furnish  an  equal  or  fair 
quota  of  white  soldiers. 

South  Carolina  and  Georgia  contained  so  many  Tories,  at 
one  time,  that  it  was  supposed  the  British  officers,  who  else- 
where would,  by  proclamation,  free  all  negroes  joining  the 
Royal  Army,  might  hesitate  to  meddle  with  them  in  these 
Colonies,  lest  "  the  king's  friends  "  should  suffer  thereby. 

John  Adams,  in  his  "  Diary,"  under  the  date  of  the  28th  of 
September,  1775,  gives  an  account  of  an  interview  with  Mr. 
Bullock  and  Mr.  Houston,  of  Georgia ;  in  which  the  following 
statement  occurs :  — 


Ge"r^a  ,  "The  question  was,  whether  all  America  was  not  in  a  state  of 

Carolina,  war,  and  whether  we  ought  to  confine  ourselves  to  act  upon  the  de- 
fensive only  ?  He  was  for  acting  offensively  nest  spring  or  this  fall, 
if  the  petition  was  rejected  or  neglected.  If  it  was  not  answered, 
and  favorably  answered,  he  would  be  for  acting  against  Britain  and 
Britons,  as,  in  open  war,  against  French  and  Frenchmen ;  fit  priva- 
teers, and  take  their  ships  anywhere.  These  gentlemen  give  a 
melancholy  account  of  the  state  of  Georgia  and  South  Carolina. 
They  say,  that  if  one  thousand  regular  troops  should  land  in  Georgia, 
and  their  commander  be  provided  with  arms  and  clothes  enough,  and 
proclaim  freedom  to  all  the  negroes  who  would  join  his  camp,  twenty 
thousand  negroes  would  join  it  from  the  two  Provinces  in  a  fortnight. 
The  negroes  have  a  wonderful  art  of  communicating  intelligence 
among  themselves  :  it  will  run  several  hundreds  of  miles  in  a  week 
or  fortnight.  They  say  their  only  security  is  this  :  that  all  the  king's 
friends,  and  tools  of  government,  have  large  plantations,  and  property 
in  negroes  ;  so  that  the  slaves  of  the  Tories  would  be  lost,  as  well  as 
those  of  the  Whigs."  —  Works  of  John  Adams,  vol.  ii.  p.  428. 


NEGROES   AS   SOLDIERS.  101 

On  the  10th  of  July,  1775,  there  was  issued  at  Cambridge, 
by  General  Gates,  an  order  determining  what  persons  were 
to  be  excluded  by  the  recruiting  officers,  who  were  immedi- 
ately to  go  upon  that  service. 

"  You  are  not  to  enlist  any  deserter  from  the  Ministerial  Army,  Order 
nor  any  stroller,  negro,  or  vagabond,  or  person  suspected  of  being  an  enlist-""^ 
enemy  to  the  liberty  of  America,  nor  any  under  eighteen  years  of ments- 
age. 

"  As  the  cause  is  the  best  that  can  engage  men  of  courage  and 
principle  to  take  up  arms,  so  it  is  expected  that  none  but  such  will  be 
accepted  by  the  recruiting  officer.  The  pay,  provision,  &c,  being  so 
ample,  it  is  not  doubted  but  that  the  officers  sent  upon  this  service 
will,  without  delay,  complete  their  respective  corps,  and  march  the 
men  forthwith  to  camp. 

"  You  are  not  to  enlist  any  person  who  is  not  an  American  born, 
unless  such  person  has  a  wife  and  family,  and  is  a  settled  resident  in 
this  country.  The  persons  you  enlist  must  be  provided  with  good 
and  complete  arms."  —  From  Gaines's  Mercury,  Jul)'  24,  (in  Frank 
Moore's  Diary  of  the  American  Revolution,  vol.  i.  p.  110.) 

On   the   26th  of  September   following,  according  to  Mr.  Orders  to 
Bancroft,  "  Edward  Rutledge,  of  South  Carolina,  moved  the  negroes, 
discharge  of  all  the  negroes  in  the  army,  and  he  was  strongly 
supported  by  many  of  the  Southern  delegates ;  but  the  oppo- 
sition was  so  powerful  and  so  determined,  that  '  he  lost  his 
point.' " 

On  the  18th  of  October,  a  Committee  of  Conference,  con- 
sisting of  Dr.  Franklin,  Benjamin  Harrison,  and  Thomas  Lynch, 
met  at  Cambridge,  with  the  Deputy-Governors  of  Connecti- 
cut and  Bhode  Island,  a  Committee  of  the  Council  of  Mas- 
sachusetts Bay,  and  General  Washington,  to  consider  the 
condition  of  the  army,  and  to  devise  means  for  its  improve- 
ment. On  the  23d  of  October,  the  subject  of  negro  soldiers 
came  before  them  for  action,  and  was  thus  decided:  — 

"  Ought  not  negroes  to  be  excluded  from  the  new  enlistment,  es- 
pecially such  as  are  slaves  ?  All  were  thought  improper  by  the 
council  of  officers. 


102  AN   HISTORICAL   RESEARCH. 

"Agreed,  That  they  be  rejected  altogether."  —  Force's  American 
Archives,  Fourth  Series,  vol.  iii.  p.  1161. 

The  following  extract  from  the  Orderly  Book,  under  the 
date  of  November  12th,  indicates  the  spirit  that  prevailed  in 
enlisting  the  new  army :  — 

"  The  officers  are  to  be  careful  not  to  enlist  any  person  suspected 
of  being  unfriendly  to  the  liberties  of  America,  or  any  abandoned 
vagabond,  to  whom  all  causes  and  countries  are  equal  and  alike 
indifferent.  The  rights  of  mankind  and  the  freedom  of  America  will 
have  numbers  sufficient  to  support  them,  without  resorting  to  such 
wretched  assistance.  Let  those  who  wish  to  put  shackles  upon  free- 
men fill  their  ranks  with  such  miscreants,  and  place  their  confidence 
in  them.  Neither  negroes,  boys  unable  to  bear  arms,  nor  old  men 
unfit  to  endure  the  fatigues  of  the  campaign,  are  to  be  enlisted."  — 
S}>arks's  Washington,  vol.  iii.  p.  155. 

Negroes  to        On  the  31st  of  December,  1775,  Washington  wrote  from 
'  Cambridge  to  the  President  of  Congress  in  regard  to   the 
army,  in  which  he  thus  alludes  to  negro  soldiers :  — 

"  It  has  been  represented  to  me,  that  the  free  negroes  who  have 
served  in  this  army  are  very  much  dissatisfied  at  being  discarded. 
As  it  is  to  be  apprehended  that  they  may  seek  employ  in  the  Minis- 
terial Army,  I  have  presumed  to  depart  from  the  resolution  respecting 
them,  and  have  given  license  for  their  being  enlisted.  If  this  is  dis- 
approved of  by  Congress,  I  will  put  a  stop  to  it."  —  Sparks's  Wash- 
ington, vol.  iii.  pp.  218,  219. 

Mr.  Sparks  appends  to  this  letter  the  following  note  :  — 

"  At  a  meeting  of  the  general  officers,  previously  to  the  arrival  of 
the  committee  from  Congress  in  camp,  it  was  unanimously  resolved, 
that  it  was  not  expedient  to  enlist  slaves  in  the  new  army ;  and,  by  a 
large  majority,  negroes  of  every  description  were  excluded  from  en- 
listment. When  the  subject  was  referred  to  the  committee  in  confer- 
ence, this  decision  was  confirmed.  In  regard  to  free  negroes,  however, 
the  resolve  was  not  adhered  to,  and  probably  for  the  reason  here 
mentioned  by  General  Washington.  Many  black  soldiers  were  in 
the  service  during  all  stages  of  the  war."  —  Sj>arks's  Washington, 
vol.  iii.  pp.  218,  219. 


NEGROES   AS   SOLDIERS.  103 

On  the  16th  of  January,  1776,  Congress  thus  decided  the 
question  submitted  by  Washington :  — 

"  That  the  free  negroes,  who  have  served  faithfully  in  the  army 
at  Cambridge,  may  be  re-enlisted  therein,  but  no  others."  —  Journals 
of  Congress,  vol.  ii.  p.  26. 

An  extract  from  a  letter  of  General  Thomas  to  John  Adams  Account  of 

the  array 

gives  a  true  picture  of  the  army  by  one  fully  competent  to  in  1775. 
describe  it:  — 

"  I  am  sorry  to  hear  that  any  prejudices  should  take  place  in  any 
Southern  colony,  with  respect  to  the  troops  raised  in  this.  I  am 
certain  the  insinuations  you  mention  are  injurious,  if  we  consider  with 
what  precipitation  we  were  obliged  to  collect  an  army.  In  the  regi- 
ments at  Roxbury,  the  privates  are  equal  to  any  that  I  served  with 
in  the  last  war ;  very  few  old  men,  and  in  the  ranks  very  few  boys. 
Our  fifers  are  many  of  them  boys.  We  have  some  negroes ;  but  I 
look  on  them,  in  general,  equally  serviceable  with  other  men  for 
fatigue  ;  and,  in  action,  many  of  them  have  proved  themselves  brave. 

"  I  would  avoid  all  reflection,  or  any  thing  that  may  tend  to  give 
umbrage  ;  but  there  is  in  this  army  from  the  southward  a  number 
called  riflemen,  who  are  as  indifferent  men  as  I  ever  served  with. 
These  privates  are  mutinous,  and  often  deserting  to  the  enemy ;  un- 
willing for  duty  of  any  kind ;  exceedingly  vicious  ;  and,  I  think,  the 
army  here  would  be  as  well  without  as  with  them.  But  to  do  justice 
to  their  officers,  they  are,  some  of  them,  likely  men."  —  MS.  Letter, 
dated  24th  October,  1775. 

While  the  question  of  employing  negroes  as  soldiers  was  Lord 

,       .  ,  .  .      Dunmore's 

producing  a  troublesome  controversy  m  the  Army  and  in  Prociama- 
Congress,  our  enemies  boldly  met  the  matter  in  a  practical 
manner.  Lord  Dunmore,  the  Eoyal  Governor  of  Virginia, 
issued  a  proclamation  in  November,  1775,  promising  freedom 
to  all  slaves  who  would  join  the  army  of  the  British.  In  a 
recent  "  History  of  England,"  this  act  is  thus  described :  — 

"  In  letters  which  had  been  laid  before  the  English  Parliament, 
and  published  to  the  whole  world,  he  had  represented  the  planters  as 
ambitious,  selfish  men,  pursuing  their  own  interests  and  advancement 
at  the  expense  of  their  poorer  countrymen,  and  as  being  ready  to 
make  every  sacrifice  of  honesty  and  principle ;  and  he  had  said  more 


104  AN  HISTORICAL   RESEARCH. 

English       privately,  that,  since  they  were  so  anxious  for  liberty,  —  for  more 

account         -        _  .  .  ..,„...  «.  . 

of  Lord       ireedom  than  was  consistent  with  the  tree  institutions  ot  the  mother- 

action0re'6  countl7  anc^  tne  charter  of  the  Colony,  —  that  since  they  were  so 
eager  to  abolish  a  fanciful  slavery  in  a  dependence  on  Great  Britain, 
he  would  try  how  they  liked  an  abolition  of  real  slavery  by  setting 
free  all  their  negroes  and  indentured  servants,  who  were,  in  fact,  little 
better  than  white  slaves.  This,  to  the  Virginians,  was  like  passing  a 
rasp  over  a  gangrened  place  :  it  was  probing  a  wound  that  was  in- 
curable, or  which  has  not  yet  been  healed.  Later  in  the  year,  when 
the  battle  of  Bunker's  Hill  had  been  fought,  when  our  forts  on  Lake 
Champlain  had  been  taken  from  us,  and  when  Montgomery  and 
Arnold  were  pressing  on  our  possessions  in  Canada,  Lord  Dunmore 
carried  his  threat  into  execution.  Having  established  his  head-quar- 
ters at  Norfolk,  he  proclaimed  freedom  to  all  the  slaves  who  would 
repair  to  his  standard  and  bear  arms  for  the  king.  The  summons 
was  readily  obeyed  by  most  of  the  negroes  who  had  the  means  of 
escaping  to  him.  He,  at  the  same  time,  issued  a  proclamation, 
declaring  martial  law  throughout  the  Colony  of  Virginia ;  and  he 
collected  a  number  of  armed  vessels,  which  cut  otF  the  coasting-trade, 
made  many  prizes,  and  greatly  distressed  an  important  part  of  that 
Province.  If  he  could  have  opened  a  road  to  the  slaves  in  the  interior 
of  the  Province,  his  measures  would  have  been  very  fatal  to  the 
planters.  In  order  to  stop  the  alarming  desertion  of  the  negroes, 
and  to  arrest  his  Lordship  in  his  career,  the  Provincial  Assembly 
detached  against  him  a  strong  force  of  more  than  a  thousand  men, 
who  arrived  in  the  neighborhood  of  Norfolk  in  the  month  of  Decem- 
ber. Having  made  a  circuit,  they  came  to  a  village  called  Great 
Bridge,  where  the  river  Elizabeth  was  traversed  by  a  bridge  ;  but, 
before  their  arrival,  the  bridge  had  been  made  impassable,  and  some 
works,  defended  chiefly  by  negroes,  had  been  thrown  up."  —  Pictorial 
History  of  England,  George  III.,  vol.  i.  pp.  224,  225. 

The  Proclamation  of  Lord  Dunmore  was  as  follows :  — 

Lord       _    "  By  his  Excellency  the  Bight  Eonorahle  John,  Earl  of  Dcnmoee, 
Proclama-  his  Majesty's  Lieutenant  and  Governor-General  of  the  Colony  and 

Dominion  of  Virginia,  and  Vice-Admiral  of  the  same,  — 

"A  proclamation. 
"  As  I  have  ever  entertained  hopes  that  an  accommodation  might 
have  taken  place  between  Great  Britain  and  this  Colony,  without  being 


tion. 


NEGROES   AS  SOLDIERS.  105 

compelled  by  my  duty  to  this  most  disagreeable  but  now  absolutely  Lord 
necessary  step,  rendered  so  by  a  body  of  armed  men,  unlawfully  Proolama- 
assembled,  firing  on  his  Majesty's  tenders  ;  and  the  formation  of  an  tlon- 
army,  and  that  army  now  on  their  march  to  attack  his  Majesty's 
troops,  and  destroy  the  well-disposed  subjects  of  this  Colony,  —  to 
defeat  such  treasonable  purposes,  and  that  all  such  traitors  and  their 
abettors  may  be  brought  to  justice,  and  that  the  peace  and  good  order 
of  this  Colony  may  be  again  restored,  which  the  ordinary  course  of 
the  civil  law  is  unable  to  effect,  I  have  thought  fit  to  issue  this  my 
Proclamation ;  hereby  declaring,  that,  until  the  aforesaid  good  pur- 
poses can  be  obtained,  I  do,  in  virtue  of  the  power  and  authority  to 
me  given  by  his  Majesty,  determine  to  execute  martial  law,  and  cause 
the  same  to  be  executed,  throughout  this  Colony.  And,  to  the  end 
that  peace  and  good  order  may  the  sooner  be  restored,  I  do  require 
every  person  capable  of  bearing  arms  to  resort  to  his  Majesty's  stan- 
dard, or  be  looked  upon  as  traitors  to  his  Majesty's  Crown  and 
Government,  and  thereby  become  liable  to  the  penalty  the  law  inflicts 
upon  such  offences,  —  such  as  forfeiture  of  life,  confiscation  of  lands, 
&c,  &c.  And  I  do  hereby  further  declare  all  indented  servants, 
negroes,  or  others,  (appertaining  to  rebels,)  free,  that  are  able  and 
willing  to  bear  arms,  they  joining  his  Majesty's  troops,  as  soon  as 
may  be,  for  the  more  speedily  reducing  this  Colony  to  a  proper  sense 
of  their  duty  to  his  Majesty's  crown  and  dignity.  I  do  further  order 
and  require  all  his  Majesty's  liege  subjects  to  retain  their  quit-rents, 
or  any  other  taxes  due,  or  that  may  become  due,  in  their  own 
custody,  till  such  time  as  peace  may  be  again  restored  to  this  at 
present  most  unhappy  country,  or  demanded  of  them,  for  their  former 
salutary  purposes,  by  officers  properly  authorized  to  receive  the 
same. 

"  Given  under  my  hand,  on  board  the  ship  '  William,'  off  Norfolk, 
the  seventh  day  of  November,  in  the  sixteenth  year  of  his  Majesty's 
reign.  "  Dunmoke. 

"  God  save  the  King  !  " 

(Force's  "American  Archives,"  Fourth  Series,  vol.  iii.  p.  1385.) 
This  Proclamation  created  great  consternation  in  Virginia. 
It  will  be  seen  by  the  following  extract  from  a  letter  written 
November  27th,  1775,  by  Edmund  Pendleton  to  Richard 
Henry  Lee,  that  many  slaves  flocked  to  the  British  stand- 
ard. 

14 


106 


AN   HISTORICAL   RESEARCH. 


Letter  from 
Edmund 
Pendleton 
to  Richard 
Henrv  Lee, 
Nov.  27, 
1775. 


Caution 
to  the 
negroes. 


u  The  Governor,  hearing  of  this,  marched  out  with  three  hundred 
and  fifty  soldiers,  Tories  and  slaves,  to  Kemp's  Landing ;  and  after 
setting  up  his  standard,  and  issuing  his  proclamation,  declaring 
all  persons  rebels  who  took  up  arms  for  the  country,  and  inviting  all 
slaves,  servants,  and  apprentices  to  come  to  him  and  receive  arms, 
he  proceeded  to  intercept  Hutchings  and  his  party,  upon  whom  he 
came  by  surprise,  but  received,  it  seems,  so  warm  a  fire,  that  the 
ragamuffins  gave  way.  They  were,  however,  rallied  on  discovering 
that  two  companies  of  our  militia  gave  way  ;  and  left  Hutchings  and 
Dr.  Eeid  with  a  volunteer  company,  who  maintained  their  ground 
bravely  till  they  were  overcome  by  numbers,  and  took  shelter  in  a 
swamp.  The  slaves  were  sent  in  pursuit  of  them ;  and  one  of  Col. 
Hutchings's  own,  with  another,  found  him.  On  their  approach,  he 
discharged  his  pistol  at  his  slave,  but  missed  him ;  and  was  taken  by 
them,  after  receiving  a  wound  in  his  face  with  a  sword.  The  num- 
bers taken  or  killed,  on  either  side,  is  not  ascertained.  It  is  said  the 
Governor  went  to  Dr.  Iteid's  shop,  and,  after  taking  the  medicines 
and  dressings  necessary  for  his  wounded  men,  broke  all  the  others  to 
pieces.  Letters  mention  that  slaves  flock  to  him  in  abundance ;  but 
I  hope  it  is  magnified."— *■  Force's  American  Archives,  Fourth  Series, 
vol.  iv.  p.  202. 

In  a  paper  published  in  Williamsburg,  Virginia,  on  the 
23d  of  November,  the  Proclamation  is  severely  commented 
on ;  and  an  urgent  appeal  is  made  to  the  negroes  to  stand  by 
their  masters,  —  their  true  friends,  —  who  would,  "were  it 
in  their  power,  restore  freedom  to  such  as  have  unhappily 
lost  it." 

"  The  second  class  of  people  for  whose  sake  a  few  remarks  upon 
this  proclamation  seem  necessary  is  the  negroes.  They  have  been 
flattered  with  their  freedom,  if  they  be  able  to  bear  arms,  and  will 
speedily  join  Lord  Duumore's  troops.  To  none,  then,  is  freedom 
promised,  but  to  such  as  are  able  to  do  Lord  Dunmore  service.  The 
aged,  the  infirm,  the  women  and  children,  are  still  to  remain  the 
property  of  their  masters,  —  of  masters  who  will  be  provoked  to 
severity,  should  part  of  their  slaves  desert  them.  Lord  Dunmore's 
declaration,  therefore,  is  a  cruel  declaration  to  the  negroes.  He  does 
not  pretend  to  make  it  out  of  any  tenderness  to  them,  but  solely  upon 
his  own  account;  and,  should  it  meet  with  success,  it  leaves  by  far 


NEGROES   AS   SOLDIERS.  107 

the  greater  number  at  the  mercy  of  an  enraged  and  injured  people.  Appeal  to 
But  should  there  be  any  amoDgst  the  negroes  weak  enough  to  believe  by  theTr 
that  Lord  Dunmore  intends  to  do  them  a  kindness,  and  wicked  enough  masters- 
to  provoke  the  fury  of  the  Americans  against  their  defenceless  fathers 
and  mothers,  their  wives,  their  women  and  children,  let  them  only 
consider  the  difficulty  of  effecting  their  escape,  and  what  they  must 
expect  to  suffer  if  they  fall  into  the  hands  of  the  Americans.  Let 
them  further  consider  what  must  be  their  fate  should  the  English  prove 
conquerors.  If  we  can  judge  of  the  future  from  the  past,  it  will  not 
be  much  mended.  Long  have  the  Americans,  moved  by  compassion 
and  actuated  by  sound  policy,  endeavored  to  stop  the  progress  of 
slavery.  Our  Assemblies  have  repeatedly  passed  acts,  laying  heavy 
duties  upon  imported  negroes ;  by  which  they  meant  altogether  to 
prevent  the  horrid  traffic.  But  their  humane  intentions  have  been  as 
often  frustrated  by  the  cruelty  and  covetousness  of  a  set  of  English 
merchants,  who  prevailed  upon  the  King  to  repeal  our  kind  and 
merciful  acts,  little,  indeed,  to  the  credit  of  his  humanity.  Can  it, 
then,  be  supposed  that  the  negroes  will  be  better  used  by  the  English, 
who  have  always  encouraged  and  upheld  this  slavery,  than  by  their 
present  masters,  who  pity  their  condition  ;  who  wish,  in  general,  to 
make  it  as  easy  and  comfortable  as  possible  ;  and  who  would,  were  it 
in  their  power,  or  were  they  permitted,  not  only  prevent  any  more  ne- 
groes from  losing  their  freedom,  but  restore  it  to  such  as  have  already 
unhappily  lost  it  ?  No  :  the  ends  of  Lord  Dunmore  and  his  party 
being  answered,  they  will  either  give  up  the  offending  negroes  to  the 
rigor  of  the  laws  they  have  broken,  or  sell  them  in  the  West  Indies, 
where  every  year  they  sell  many  thousands  of  their  miserable  breth- 
ren, to  perish  either  by  the  inclemency  of  weather  or  the  cruelty  of 
barbarous  masters.  Be  not  then,  ye  negroes,  tempted  by  this  procla- 
mation to  ruin  yourselves.  I  have  given  you  a  faithful  view  of  what 
you  are  to  expect ;  and  declare  before  God,  in  doing  it,  I  have 
considered  your  welfare,  as  well  as  that  of  the  country.  Whether 
you  will  profit  by  my  advice,  I  cannot  tell ;  but  this  I  know,  that, 
whether  we  suffer  or  not,  if  you  desert  us,  you  most  certainly  will." 
—  Force's  American  Archives,  Fourth  Series,  vol.  iii.  p.  1387. 

The  Virginia  Convention  appointed  a  Committee  to  pre- 
pare a  Declaration  in  answer  to  Lord  Dunmore's  Proclamation. 
This  was  adopted  on  the  13th  of  December,  when  the  same 
Committee   was    instructed    to    report   another    Declaration, 


108  AN   HISTORICAL   RESEARCH. 

Declaration  "  offering  pardon  to  such  slaves  as  shall  return  to  their  duty 

of  pardon  . 

to  slaves,    within  ten  days  after  the  publication  thereof."     This  also  was 
adopted  the  next  day,  in  the  following  terms :  — 

"  By  the  Representatives  of  the  People  of  the  Colony  and  Dominion  of 
Virginia,  assembled  in  General  Convention, 

"  A   DECLARATION. 

"  Whereas  Lord  Dunmore,  by  his  Proclamation  dated  on  board  the 
ship  '  William,'  off  Norfolk,  the  seventh  day  of  November,  1775,  hath 
offered  feeedom  to  such  able-bodied  slaves  as  are  willing  to  join  him, 
and  take  up  arms  against  the  good  people  of  this  Colony,  giving 
thereby  encouragement  to  a  general  insurrection,  which  may  induce  a 
necessity  of  inflicting  the  severest  punishments  upon  those  unhappy 
people,  already  deluded  by  his  base  and  insidious  arts  ;  and  whereas, 
by  an  act  of  the  General  Assembly  now  in  force  in  this  Colony,  it  is 
enacted,  that  all  negro  or  other  slaves,  conspiring  to  rebel  or  make 
insurrection,  shall  suffer  death,  and  be  excluded  all  benefit  of  clergy ; 
—  we  think  it  proper  to  declare,  that  all  slaves  who  have  been  or  shall 
be  seduced,  by  his  Lordship's  Proclamation,  or  other  arts,  to  desert 
their  masters'  service,  and  take  up  arms  against  the  inhabitants  of  this 
Colony,  shall  be  liable  to  such  punishment  as  shall  hereafter  be 
directed  by  the  General  Convention.  And  to  the  end  that  all  such 
who  have  taken  this  unlawful  and  wicked  step  may  return  in  safety 
to  their  duty,  and  escape  the  punishment  due  to  their  crimes,  we  hereby 
promise  pardon  to  them,  they  surrendering  themselves  to  Colonel 
William  Woodford  or  any  other  commander  of  our  troops,  and  not 
appearing  in  arms  after  the  publication  hereof.  And  we  do  further 
earnestly  recommend  it  to  all  humane  and  benevolent  persons  in  this 
Colony  to  explain  and  make  known  this  our  offer  of  mercy  to  those 
unfortunate  people."  —  Force's  American  Archives,  Fourth  Series,  vol. 
iv.  pp.  84,  85. 

Washington  saw  what  an  element  of  strength  Lord  Dun- 
more  had  called  to  his  aid,  and  the  importance  of  acting 
promptly  and  with  energy  against^  him.  On  the  15th  of 
December,  he  thus  wrote  to  Joseph  Reed:  — 

Lord  Dun-        u  jf  t]ie   Virginians   are   wise,  that  arch-traitor   to   the   rights  of 
more  to  be  .  , 

crushed.      humanity,  Lord  Dunmore,  should  be  instantly  crushed,  if  it  takes  the 

force  of  the  whole  army  to  do  it ;   otherwise,  like  a   snow-ball  in 


NEGROES   AS   SOLDIERS.  109 

rolling,  his  army  will  get  size,  some  through  fear,  some  through  Lord 
promises,  and  some  through  inclination,  joining  his  standard :  but 
that  which  renders  the  measure  indispensably  necessary  is  the  ne- 
groes ;  for,  if  he  gets  formidable,  numbers  of  them  will  be  tempted 
to  join  who  will  be  afraid  to  do  it  without."  —  Life  and  Correspon- 
dence of  Joseph  Reed,  vol.  i.  135. 

Although  many  of  the  slaves  responded  to  the  proclamation 
by  joining  the  army  of  the  enemy,  the  greater  part  of  them 
were  too  shrewd  to  be  caught  by  such  wily  arts.  They  were 
unwilling  to  trust  their  freedom  to  the  officers  of  a  govern- 
ment which  had  persistently  encouraged  the  slave-trade 
against  the  remonstrances  of  their  masters,  who  had  not  only 
declared  that  traffic  to  be  a  wrong  against  humanity,  but  had 
expressed  their  desire  to  abolish  domestic  slavery  as  soon  as 
it  was  practicable  for  them  to  do  so.  The  inconsistency  and 
atrocity  of  Lord  Dunmore's  conduct  justly  met  with  very 
general  indignation.  Subsequent  events  proved  that  the 
distrust  and  fears,  felt  by  the  slaves,  were  well  founded. 

It  will  be  seen  by  letters  written  several  months  after 

the  Proclamation  was  issued,  that  his  Lordship  attributed  the 

limited  success  which  attended  it  to  another  than  the  true 

cause. 

"  Lord  Dunmore  to  the  Secretary  of  State. 

"[No.  1.]  "Ship  'Dunmore,'  in  Elizabeth  River,  Va., 

30th  March,  1770. 

"  Your  Lordship  will  observe  by  my  letter,  No.  34,  that  I  have 
been  endeavoring  to  raise  two  regiments  here,  —  one  of  white  people, 
the  other  of  black.  The  former  goes  on  very  slowly  ;  but  the  latter 
very  well,  and  wTould  have  been  in  great  forwardness,  had  not  a  fever 
crept  in  amongst  them,  which  carried  off  a  great  many  very  fine 
fellows." 

"  [No.  3.]  "Ship  'Dunmore,'  in  Gwin's  Island  Harbor,  Va., 

June  26,  1776. 
"  I  am  extremely  sorry  to  inform  your  Lordship,  that  that  fever, 
of  which  I  informed  you  in  my  letter  So.  1,  has  proved  a  very  ma- 
lignant one,  and  has  carried  off  an  incredible  number  of  our  people, 


110 


AN    HISTORICAL    RESEARCH. 


especially  the  blacks.  Had  it  not  been  for  this  horrid  disorder,  I  am 
satisfied  I  should  have  had  two  thousand  blacks  ;  with  whom  I  should 
have  had  no  doubt  of  penetrating  into  the  heart  of  this  Colony." 

(Force's  "American  Archives,"  Fifth  Series,  vol.  ii.  pp.  160,  162.) 


Negro 
Soldiers. 


Negro 
Prisoners. 


During  the  years  1776  and  1777,  not  much  was  done  by- 
way of  legislation  towards  settling  a  general  policy  with  re- 
gard to  the  employment  of  negroes  as  soldiers.  They  contin- 
ued, in  fact,  to  be  admitted  into  the  line  of  the  army  without 
much  objection. 

A  letter  from  General  Greene  to  Washington  shows  that  it 
was  then  contemplated  to  form  the  negroes  at  Staten  Island 
into  an  independent  regiment. 

"  Camp  on  Long  Island, 

July  21,  1776,  two  o'clock. 

"Sir,  —  Colonel  Hand  reports  seven  largo  ships  are  coming  up 
from  the  Hook  to  the  Narrows. 

"  A  negro  belonging  to  one  Strickler,  at  Gravesend,  was  taken 
prisoner  (as  he  says)  last  Sunday  at  Coney  Island.  Yesterday  he 
made  his  escape,  and  was  taken  prisoner  by  the  rifle-guard.  He  re- 
ports eight  hundred  negroes  collected  on  Staten  Island,  this  day  to  be 
formed  into  a  regiment. 

"  I  am  your  Excellency's  most  obedient,  humble  servant, 

"  N.  Greene. 

"  To  bis  Excellency  Gen.  Washington,  Head-quarters,  New  York." 

(Force's  "  American  Archives,"  Fifth  Series,  vol.  i.  p.  486.) 

A  Resolve  of  the  Massachusetts  Legislature,  in  September, 
1776,  is  worthy  of  special  notice.  Referring  to  it,  a  writer 
in  the  "  Historical  Magazine "  for  September,  1861,  says, 
""  The  course  of  the  authorities  of  the  Southern  States,  now  in 
arms  against  the  Government,  in  selling  as  slaves  all  negroes 
taken  prisoners,  is  the  last  relic  of  a  barbarous  custom.  .  .  . 
The  first  condemnation  of  the  course  seems  to  be  that  con- 
tained in  a  Massachusetts  Resolve,  of  the  14th  of  September, 
1776,  forbidding  the  sale,  as  slaves,  of  two  negroes  taken  on 
the  sloop  '  Hannibal.' "     The  Resolve  is  as  follows  :  — 


NEGROES   AS   SOLDIERS.  Ill 

"  Whereas  this  Court  is  credibly  informed,  that  two  negro  men  Negroes  to 

lately  taken  on  the  high  seas,  on  board  the  sloop  '  Hannibal,'  and  i,j.e  0|ner 

brought  into  this  State  as  prisoners,  are  advertised  to  be  sold  at  Salem  prisoners 

.  .  of  war. 

the  17th  instant,  by  public  auction: 

"  Resolved,  That  all  persons  concerned  with  the  said  negroes  be, 

and  they  hereby  are,  forbidden  to  sell  them,  or  in  any  manner  to  treat 

them  otherwise  than  is  already  ordered  for  the  treatment  of  prisoners 

taken  in  like  manner ;  and,  if  any  sale  of  the  said  negroes  shall  be 

made,  it  is  hereby  declared  null  and  void.     And   that  whenever  it 

shall  appear  that  any  negroes  are  taken  on  the  high  seas,  and  brought 

as  prisoners  into  this  State,  they  shall  not  be  allowed  to  be  sold,  nor 

treated  any  otherwise  than  as  prisoners  are  ordered  to  be  treated  who 

are  taken  in  like  manner."  —  Resolves,  September,  177G,  p.  14. 

I  am  indebted  to  my  friend  Mr.  William  J.  Davis,  of  New 
York,  for  the  following  extract  from  the  Journal  of  a  Hessian 
officer  who  was  with  Burgoyne  at  the  time  of  his  surrender. 
It  is  a  literal  translation  from  a  German  work  which  is  rare 
in  this  country.  This  testimony  of  a  foreign  officer,  as  to  the 
common  use  of  negroes  in  the  American  Army,  is  quite  im- 
portant.    It  is  dated  23d  October,  1777. 

"  From  here  to  Springfield,  there  are  few  habitations  which  have  Hessian 
not  a  negro  family  dwelling  in  a  small  house  near  by.  The  negroes  testimony 
are  here  as  fruitful  as  other  cattle.  The  young  ones  are  well  fod- 
dered, especially  while  they  are  still  calves.  Slavery  is,  moreover, 
very  gainful.  The  negro  is  to  be  considered  just  as  the  bond-servant 
of  a  peasant.  The  negress  does  all  the  coarse  work  of  the  house,  and 
the  little  black  young  ones  wait  on  the  little  white  young  ones.  The 
negro  can  take  the  field,  Instead  of  his  master ;  and  therefore  no  regi- 
ment is  to  he  seen  in  which  there  are  not  negroes  in  abundance :  and 
among  them  there  are  able-bodied,  strong,  and  brave  fellows.  Here, 
too,  there  are  many  families  of  free  negroes,  who  live  in  good  houses, 
have  property,  and  live  just  like  the  rest  of  the  inhabitants."  — 
Schloezer's  Briefwechsel,  vol.  iv.  p.  365. 

The  capture  of  Major-General  Prescott,  of  the  British 
army,  on  the  9th  of  July,  1777,  was  an  occasion  of  great  joy 
throughout  the  country.  Prince,  the  valiant  negro  who 
seized  that  officer,  ought  always  to  be  remembered  with  honor 


112 


AN   HISTORICAL    RESEARCH. 


Genentl 
Prescott 


Capture  of  for  his  important  service.     The  exploit  was  much  commended 

the  British  .  .  ,  .    ,  ,      . 

at  the  time,  as  its  results  were  highly  important ;  and  Colo- 
nel Barton,  very  properly,  received  from  Congress  the  compli- 
ment of  a  sword  for  his  ingenuity  and  bravery.  It  seems, 
however,  that  it  took  more  than  one  head  to  plan  and  to 
execute  the  undertaking. 

"  They  landed  about  five  miles  from  Newport,  and  three-quarters 
of  a  mile  from  the  house,  which  they  approached  cautiously,  avoiding 
the  main  guard,  which  was  at  some  distance.  The  Colonel  went 
foremost,  with  a  stout,  active  negro  close  behind  him,  and  another  at  a 
small  distance:  the  rest  followed  so  as  to  be  near,  but  not  seen. 

"  A  single  sentinel  at  the  door  saw  and  hailed  the  Colonel :  he 
answered  by  exclaiming  against,  and  inquiring  for,  rebel  prisoners, 
but  kept  slowly  advancing.  The  sentinel  again  challenged  him,  and 
required  the  countersign.  He  said  he  had  not  the  countersign  ;  but 
amused  the  sentry  by  talking  about  rebel  prisoners,  and  still  advan- 
cing till  he  came  within  reach  of  the  bayonet,  which,  he  presenting, 
the  colonel  suddenly  struck  aside,  and  seized  him.  He  was  imme- 
diately secured,  and  ordered  to  be  silent,  on  pain  of  instant  death. 
Meanwhile,  the  rest  of  the  men  surrounding  the  house,  the  negro,  tvith 
his  head,  at  the  second  stroke,  forced  a  passage  into  it,  and  then  into 
the  landlord's  apartment.  The  landlord  at  first  refused  to  give  the 
necessary  intelligence  ;  but,  on  the  prospect  of  present  death,  he  pointed 
to  the  General's  chamber,  which  being  instantly  opened  by  the  negro's 
head,  the  Colonel,  calling  the  General  by  name,  told  him  he  was  a  pris-. 
oner."  —  Pennsylvania  Evening  Post,  Aug.  7,  1777;  (in  Frank 
Moore's  Diary  of  the  American  Revolution,  vol.  i.  p.  468.) 

The  event  was  thus  noticed  by  a  contemporary  (Dr.  Thach- 
er),  who  was  a  surgeon  in  the  American  army:  — 

"  Albany,  Aug.  3,  1777. — The  pleasing  information  is  received 
here  that  Lieut.-C'ol.  Barton,  of  the  Rhode-Island  militia,  planned  a 
bold  exploit  for  the  purpose  of  surprising  and  taking  Major-Gen. 
Prescott,  the  commanding  officer  of  the  royal  army  at  Newport. 
Taking  with  him,  in  the  night,  about  forty  men,  in  two  boats,  with 
oars  muffled,  he  had  the  address  to  elude  the  vigilance  of  the  ships-of- 
war  and  guard-boats  :  and,  having  arrived  undiscovered  at  the  quar- 
ters of  Gen.  Prescott,  they  were  taken  for  the  sentinels ;    and  the 


Doctor 

Thncbor's 

account. 


NEGROES   AS   SOLDIERS.  113 

general  was  not  alarmed  till  liis  captors  were  at  the  door  of  his  lodging-  Doctor 
chamber,  which  was  fast  closed.  A  negro  man,  named  Prince,  account. 
instantly  thrust  his  beetle  head  through  the  panel  door,  and  seized  his 
victim  luliile  in  bed.  .  .  .  This  event  is  extremely  honorable  to  the 
enterprising  spirit  of  Col.  Barton,  and  is  considered  as  ample  retalia- 
tion for  the  capture  of  Gen.  Lee  by  Col.  Harcourt.  The  event 
occasions  great  joy  and  exultation,  as  it  puts  in  our  possession  an 
officer  of  equal  rank  with  Gen.  Lee,  by  which  means  an  exchange 
may  be  obtained.  Congress  resolved  that  an  elegant  sword  should  be 
presented  to  Col.  Barton  for  his  brave  exploit." 

It  was  perhaps  "  Prince  "  to  whom  Dr.  Thacher  alludes  in 
the  following  characteristic  anecdote  :  — 

"  When  the  Count  D'Estaing's  fleet  appeared  near  the  British 
batteries,  in  the  harbor  of  Bhode  Island,  a  severe  cannonade  was 
commenced  ;  and  several  shot  passed  through  the  houses  in  town,  and 
occasioned  great  consternation  among  the  inhabitants.  A  shot  passed 
through  the  door  of  Mrs.  Mason's  house,  just  above  the  floor.  The 
family  were  alarmed,  not  knowing  wThere  to  flee  for  safety.  A  negro 
man  ran  and  sat  himself  down  very  composedly,  with  his  back  against 
the  shot-hole  in  the  door ;  and,  being  asked  by  young  Mr.  Mason 
why  he  chose  that  situation,  he  replied,  '  Massa,  you  never  know  two 
bullet  go  in  one  place.'" —  Thacher's  Military  Journal,  pp.  87,  175. 

The  subject  of  the  employment  of  Negro  soldiers  came 
before  the  Connecticut  General  Assembly  in  1777,  in  con- 
nection with  the  subject  of  slavery  and  emancipation. 

By  the  courtesy  of  J.  Hammond  Trumbull,  Esquire,  Editor 
of  "  The  Public  Eecords  of  the  Colony  of  Connecticut,"  and 
Secretary  of  State,  I  am  enabled  to  give,  in  his  own  words, 
the  following  interesting  account  of  the  action  of  that 
State:  — 

"In  May,  1777,  the  General  Assembly  of  Connecticut  appointed  Action  of 
a  Committee  '  to  take  into  consideration  the  state  and  condition  of  the  necticut* 
negro  and  mulatto  slaves  in  this  State,  and  what  may  be  done  for  Assembly. 
their  emancipation.'     This  Committee,  in  a  report  presented  at  the 
same  session  (signed  by  the  chairman,  the  Hon.  Matthew  Griswold 
of  Lyme),  recommended  — 

15 


114  AN   HISTORICAL   RESEARCH. 

Legislation        "  '  That  the  effective  negro  and  mulatto  slaves  be  allowed  to  enlist 
ticut.  with  the  Continental  battalions  now  raising  in  this  State,  under  the 

following  regulations  and  restrictions :  viz.,  that  all  such  negro  and 
mulatto  slaves  as  can  procure,  either  by  bounty,  hire,  or  in  any  other 
way,  such  a  sum  to  be  paid  to  their  masters  as  such  negro  or  mulatto 
shall  be  judged  to  be  reasonably  worth  by  the  selectmen  of  the  town 
where  such  negro  or  mulatto  belongs,  shall  be  allowed  to  enlist  into 
either  of  said  battalions,  and  shall  thereupon  be,  de  facto,  free  and 
emancipated ;  and  that  the  master  of  such  negro  or  mulatto  shall  be 
exempted  from  the  support  and  maintenance  of  such  negro  or  mulatto, 
in  case  such  negro  or  mulatto  shall  hereafter  become  unable  to  sup- 
port and  maintain  himself. 

" '  And  that,  in  case  any  such  negro  or  mulatto  slave  shall  be 
disposed  to  enlist  into  either  of  said  battalions  during  the  [war],  he 
shall  be  allowed  so  to  do :  and  such  negro  or  mulatto  shall  be 
appraised  by  the  selectmen  of  the  town  to  which  he  belongs ;  and  his 
master  shall  be  allowed  to  receive  the  bounty  to  which  such  slave 
may  be  entitled,  and  also  one-half  of  the  annual  wages  of  such  slave 
during  the  time  he  shall  continue  in  said  service ;  provided,  however, 
that  said  master  shall  not  be  allowed  to  receive  such  part  of  said 
wages  after  he  shall  have  received  so  much  as  amounts,  together  with 
the  bounty,  to  the  sum  at  which  he  was  appraised.' " 

This  report,  in  the  Lower  House,  was  ordered  to  be  con- 
tinued to  the  next  session  of  the  Assembly.  In  the  Upper 
House  it  was  rejected. 

Mr.  Trumbull  writes :  — 

"  You  will  see  by  the  Report  of  Committee,  May,  1777,  that  Gene- 
ral Varnum's  plan  for  the  enlistment  of  slaves  had  been  anticipated 
in  Connecticut ;  with  this  difference,  that  Rhode  Island  adopted  it, 
while  Connecticut  did  not. 

"  The  two  States  reached  nearly  the  same  results  by  different 
methods.  The  unanimous  declaration  of  the  officers  at  Cambridge, 
in  the  winter  of  1775,  against  the  enlistment  of  slaves,  —  confirmed 
by  the  Committee  of  Congress,  —  had  some  weight,  I  think,  with  the 
Connecticut  Assembly,  so  far  as  the  formal  enactment  of  a  law 
authorizing  such  enlistments  was  in  question.  At  the  same  time, 
Washington's  license  to  continue  the  enlistment  of  negroes  was  regard- 
ed as  a  rule  of  action,  both  by  the  selectmen  in  making  up,  and  by 


NEGROES   AS   SOLDIERS.  115 

the  State  Government  in  accepting,  the  quota  of  the  towns.  The  Legislation 
process  of  draughting,  in  Connecticut,  was  briefly  this :  The  able-  tjcut. 
bodied  men,  in  each  town,  were  divided  into  '  classes' ;  and  each  class 
was  required  to  furnish  one  or  more  men,  as  the  town's  quota 
required,  to  answer  a  draught.  Now,  the  Assembly,  at  the  same 
session  at  which  the  proposition  for  enlisting  slaves  was  rejected 
(May,  1777),  passed  an  act  providing  that  any  two  men  belonging  to 
this  State,  '  who  should  procure  an  able-bodied  soldier  or  recruit 
to  enlist  into  either  of  the  Continental  battalions  to  be  raised  from 
this  State,'  should  themselves  be  exempted  from  draught  during  the 
continuance  of  such  enlistment.  Of  recruits  or  draughted  men  thus 
furnished,  neither  the  selectmen  nor  commanding  oflBcers  questioned 
the  color  or  the  civil  status  :  white  and  black,  bond  and  free,  if  '  able- 
bodied,'  went  on  the  roll  together,  accepted  as  the  representatives  of 
their  '  class,'  or  as  substitutes  for  their  employers.  At  the  next  session 
(October,  1777),  an  act  was  passed  which  gave  more  direct  encour- 
agement to  the  enlistment  of  slaves.  By  the  existing  law,  the  master 
who  emancipated  a  slave  was  not  released  from  the  liability  to  provide 
for  his  support.  This  law  was  now  so  amended,  as  to  authorize  the 
selectmen  of  any  town,  on  the  application  of  the  master,  —  after 
'inquiry  into  the  age,  abilities,  circumstances,  and  character'  of  the 
servant  or  slave,  and  being  satisfied  '  that  it  was  likely  to  be  consistent 
with  his  real  advantage,  and  that  it  was  probable  that  he  would  be 
able  to  support  himself,'  —  to  grant  liberty  for  his  emancipation,  and 
to  discharge  the  master  '  from  any  charge  or  cost  which  may  be 
occasioned  by  maintaining  or  supporting  the  servant  or  slave  made 
free  as  aforesaid.'  This  enactment  enabled  the  selectmen  to  oner  an 
additional  inducement  to  enlistment,  for  making  up  the  quota  of  the 
town.  The  slave  (or  servant  for  term  of  years)  might  receive  his 
freedom :  the  master  might  secure  exemption  from  draught,  and  a 
discharge  from  future  liabilities,  to  which  he  must  otherwise  have 
been  subjected.  In  point  of  fact,  some  hundreds  of  blacks  —  slaves 
and  freemen  —  were  enlisted,  from  time  to  time,  in  the  regiments 
of  the  State  troops  and  of  the  Connecticut  line.  How  many,  it  is  im- 
possible to  tell ;  for,  from  first  to  last,  the  company  or  regimental 
rolls  indicate  no  distinctions  of  color.  The  name  is  the  only  guide : 
and,  in  turning  over  the  rolls  of  the  Connecticut  line,  the  frequent 
recurrence  of  names  which  were  exclusively  appropriated  to  negroes 
and  slaves,  shows  how  considerable  was  their  proportion  of  the 
material  of  the  Connecticut  army  ;  while  such  surnames  as  '  Liberty,' 


116 


AN   HISTORICAL   RESEARCH. 


Legislation 
in  Connec- 
ticut. 


'Freeman,'  'Freedom,'  &c.,  by  scores,  indicate  with  what  anticipa- 
tions, and  under  what  inducements,  they  entered  the  service. 

"  As  to  the  efficiency  of  the  service  they  rendered,  I  can  say 
nothing  from  the  records,  except  what  is  to  be  gleaned  from  scattered 
files,  such  as  one  of  the  petitions  I  send  you.  So  far  as  my  acquaint- 
ance extends,  almost  every  family  has  its  traditions  of  the  good  and 
faithful  service  of  a  black  servant  or  slave,  who  was  killed  in  battle, 
or  served  through  the  war,  and  came  home  to  tell  stories  of  hard 
fighting,  and  draw  his  pension.  In  my  own  native  town,  —  not  a 
large  one,  —  I  remember  five  such  pensioners,  three  of  whom,  I  believe, 
had  been  slaves,  and,  in  fact,  were  slaves  to  the  day  of  their  death ; 
for  (and  this  explains  the  uniform  action  of  the  General  Assembly  on 
petitions  for  emancipation)  neither  ihe  towns  nor  the  State  were  in- 
clined to  exonerate  the  master,  at  a  time  when  slavery  was  becoming 
unprofitable,  from  the  obligation  to  provide  for  the  old  age  of  his 
slave. 


"Col.  William  Browne  of  Salem  (a  "mandamus  counsellor"), 
who  went  with  the  enemy  from  Boston  in  1776,  owned  large  tracts  of 
land  in  New  London  and  Hartford  counties  in  Connecticut,  entailed 
by  his  grandfather,  Col.  Samuel  Browne.  The  General  Court  cut  off 
the  entail,  and  confiscated  the  land.  A  farm  in  Lyme  of  twelve  thou- 
sand four  hundred  and  thirty-six  acres,  valued,  in  1779,  at  a  hundred 
and  sixty-nine  thousand  pounds  (Continental),  had  been  leased  for  a 
term  of  years,  with  nine  slaves.  The  administrator  on  confiscated 
estates,  Benjamin  Huntington,  Esq.,  when  returning  the  inventory  of 
Mr.  Browne's  property,  stated  to  the  General  Assembly  that  there 
were  '  a  number  of  slaves  appraised,  who  beg  for  their  liberty  ; '  and 
that  the  lessee  of  the  farm  would  assent  to  their  being  liberated,  with- 
out requiring  a  diminution  of  his  rent. 

"Accompanying  the  inventory  is  the  following  petition,  in  Sir. 
Huntington's  hand-writing :  — 


Petition 
of  loyal 
slaves. 


"  '  To  the  Hon.  General  Assembly  of  the  State  of  Connecticut,  now  sit- 
ting in  Hartford. 

"  '  The  memorial  of  Great  Prince,  Little  Prince,  Luke,  Ca:sar,  and 
Prue  and  her  three  children,  —  all  friends  to  America,  but  slaves 
(lately  belonging  to  Col.  William  Browne,  now  forfeited  to  this 
State,) — humbly  sheweth,  that  their  late  master  was  a  Tory,  and 
fled  from  his  native  country  to  his  master,  King  George ;  where  he 
now  lives  like  a  poor  slave. 


NEGROES   AS   SOLDIERS.  117 

" '  That  your  memorialists,  though  they  have  flat  noses,  crooked  Petition 
shins,  and  other  queerness  of  make,  peculiar  to  Africans,  are  yet  of  siavesl 
the  human  race,  free-born  in  our  own  country,  taken  from  thence  by 
man-stealers,  and  sold  in  this  country  as  cattle  in  the  market,  without 
the  least  act  of  our  own  to  forfeit  liberty ;  but  we  hope  our  good  mis- 
tress, the  free  State  of  Connecticut,  engaged  in  a  war  with  tyranny, 
will  not  sell  good  honest  Whigs  and  friends  of  the  freedom  and  inde- 
pendence of  America,  as  we  are,  to  raise  cash  to  support  the  war : 
because  the  Whigs  ought  to  be  free  ;  and  the  Tories  should  be  sold. 

"  '  Wherefore  your  memorialists  pray  your  Honors  to  consider  their 
case,  and  grant  them  their  freedom  upon  their  getting  security  to 
indemnify  the  State  from  any  expense  for  their  support  in  case  of  want, 
or  in  some  other  way  release  them  from  slavery. 

"  '  And  your  poor  negroes,  as  in  duty  bound,  shall  ever  pray. 

" '  Great  Prince. 
Little  Prince. 

'"Dated  in  Lyme,  Election-day,  1779.'  LuKE,   &C. 

"  The  Lower  House  granted,  but  the  Upper  House  negatived,  the 
prayer  of  the  memorial.  A  committee  of  conference  was  appointed  ; 
but  each  House  adhered  to  its  original  vote." 


Nowhere  in  the  country  was  the  question  of  negro  soldiers  Rhode 
more  carefully  considered,  or  the  practice  of  employing  them 
more  generally  adopted,  than  in  Rhode  Island.  Not  only 
were  the  names  of  colored  men  entered  with  those  of  white 
citizens  on  the  rolls  of  the  militia,  but  a  distinct  regiment  of 
this  class  of  persons  was  formed.  The  character  and  conduct 
of  that  regiment  have  an  important  place  in  the  history  of  the 
Revolutionary  War. 

My  valued  friend,  John  Russell  Bartlett,  Esquire,  Editor 
of  the  "  Records  of  the  Colony  of  Rhode  Island  and  Provi- 
dence Plantations  in  New  England,"  and  Secretary  of  State, 
has  copied  for  me,  from  the  manuscripts  in  the  State  Ar- 
chives, the  correspondence  and  legislation  relating  to  the  sub- 
ject, These  documents  are  here  presented  entire,  and  give  a 
full  history  of  the  whole  matter. 


118 


AN   HISTORICAL   RESEARCH. 


Negro  sol- 
diers in 
Rhode 
Island. 


GENERAL   WASHINGTON   TO    GOVERNOR    COOKE. 

"Head  Quarters,  2d  January,  1778. 

"  Sir,  —  Enclosed  you  will  receive  a  copy  of  a  letter  from  General 
Varnum  to  me,  upon  the  means  which  might  be  adopted  for  complet- 
ing the  Rhode-Island  troops  to  their  full  proportion  in  the  Continental 
Army.  I  have  nothing  to  say,  in  addition  to  what  I  wrote  on  the 
29th  of  last  month,  on  this  important  subject,  but  to  desire  that  you 
will  give  the  officers  employed  in  this  business  all  the  assistance  in 
your  power. 

"  I  am,  with  great  respect,  Sir,  your  most  obedient  servant, 

"  His  Excellency  Nicholas  Cooke,  Esq.,  "  &E0.  WASHINGTON. 

Governor  of  Rhode  Island." 

GENERAL   VARNUM   TO   GENERAL   WASHINGTON. 

"Camp,  Jan.  2,  1778. 

"  Sir, — The  two  battalions  from  the  State  of  Rhode  Island  being 
small,  and  there  being  a  necessity  of  the  State's  furnishing  an  addi- 
tional number  to  make  up  their  proportion  in  the  Continental  Army, 
the  field-officers  have  represented  to  me  the  propriety  of  making  one 
temporary  battalion  from  the  two  ;  so  that  one  entire  corps  of  officers 
may  repair  to  Rhode  Island,  in  order  to  receive  and  prepare  the 
recruits  for  the  field.  It  is  imagined  that  a  battalion  of  negroes  can 
be  easily  raised  there.  Should  that  measure  be  adopted,  or  recruits 
obtained  upon  any  other  principle,  the  service  will  be  advanced.  The 
field-officers  who  go  upon  this  command  are  Colonel  Greene,  Lieut.- 
Colonel  Olney,  and  Major  Ward  ;  seven  captains,  twelve  lieutenants, 
six  ensigns,  one  paymaster,  one  surgeon  and  mate,  one  adjutant,  and 
one  chaplain. 

"  I  am  your  Excellency's  most  obedient  servant, 


"  J.  M.  Vahnum. 


"  His  Excellency  Gen.  Washington.' 


These  letters  were  laid  before  the  General  Assembly  at 
the  February  session  ;  and,  after  due  deliberation,  the  follow- 
ing act  was  passed,  not  without  some  opposition :  — 

"  State  of  Rhode  Island  and  Providence  Plantations,  in  General 
Assembly.     February  Session,  1778. 

"  Whereas,  for  the  preservation  of  the  rights  and  liberties  of  the 
United  States,  it  is  necessary  that  the  whole  powers  of  Government 


NEGROES   AS   SOLDIERS.  119 

should   be    exerted    in    recruiting   the    Continental    battalions  ;     and  Negro 
whereas    His   Excellency    Gen.  Washington    hath    inclosed   to    this  ;n  Rhode 
State  a  proposal  made  to  him  by  Brigadier-General  Varnum,  to  enlist  Is'and- 
into  the  two  battalions,  raising  by  this  State,  such  slaves  as  should  be 
willing  to  enter  into  the  service  :  and  whereas  history  affords  us  fre- 
quent Precedents  of  the  wisest,  the  freest,  and  bravest  nations  having 
liberated  their  Slaves,  and  inlisted  them  as  Soldiers  to  fight  in  De- 
fence of  their  Country  ;  and  also,  whereas,  the  Enemy,  with  a  great 
force,  have  taken  Possession  of  the  Capital  and  of  a  great  Part  of 
this  State ;    and  this  State  is  obliged  to  raise  a  very  considerable 
Number  of  Troops  for  its  own  immediate  Defence,  whereby  it  is  in  a 
Manner  rendered  impossible  for  this  State  to  furnish  Eecruits  for  the 
said  two  Battalions  without  adopting  the  said  Measure  so  recom- 
mended : 

"Tits  Voted  and  Resolved,  That  every  able-bodied  negro,  mulatto, 
or  Indian  man  slave,  in  this  State,  may  inlist  into  either  of  the  said 
two  battalions  to  serve  during  the  continuance  of  the  present  war 
with  Great  Britain  :  that  every  slave  so  inlisting  shall  be  entitled  to 
and  receive  all  the  bounties,  wages,  and  encouragements  allowed  by 
the  Continental  Congress  to  any  soldier  inlisting  into  their  service. 

"It  is  further  Voted  and  Resolved,  That  every  slave  so  inlisting 
shall,  upon  his  passing  muster  before  Col.  Christopher  Greene,  be  im- 
mediately discharged  from  the  service  of  his  master  or  mistress,  and 
be  absolutely  free,  as  though  he  had  never  been  incumbered  with  any 
kind  of  servitude  or  slavery.  And  in  case  such  slave  shall,  by  sick- 
ness or  otherwise,  be  rendered  unable  to  maintain  himself,  he  shall  not 
be  chargeable  to  his  master  or  mistress,  but  shall  be  supported  at  the 
expense  of  the  State. 

"And  whereas  slaves  have  been  by  the  laws  deemed  the  property 
of  their  owners  ;  and  therefore  compensation  ought  to  be  made  to  the 
owners  for  the  loss  of  their  service,  — 

"It  is  further  Voted  and  Resolved,  That  there  be  allowed,  and  paid 
by  this  State  to  the  owner,  for  every  such  slave  so  inlisting,  a  sum 
according  to  his  worth  ;  at  a  price  not  exceeding  one  hundred  and 
twenty  pounds  for  the  most  valuable  slave,  and  in  proportion  for  a 
slave  of  less  value  :  Provided  the  owner  of  said  slave  shall  deliver 
up  to  the  officer  who  shall  inlist  him  the  clothes  of  the  said  slave  ;  or 
otherwise  he  shall  not  be  entitled  to  said  sum. 

"And  for  settling  and  ascertaining  the  value  of  such  slaves, — 

"It  is  further  Voted  and  Resolved,  That  a  committee  of  five  be 


120  AN   HISTORICAL   RESEARCH. 

Negro         appointed,  to  wit :  one  from  each  county  ;  any  three  of  whom  to  be  a 
in  Rhode      quorum,  to  examine  the  slaves  who  shall  be   so  inlisted,  after  they 
Island.         shall  have  passed  muster,  and  to  set  a  price  upon  each  slave  accord- 
ing to  his  value,  as  aforesaid. 

11  It  is  further  Voted  and  Resolved,  That  upon  any  able-bodied 
negro,  mulatto,  or  Indian  slave,  inlisting  as  aforesaid,  the  officer  who 
shall  so  inlist  him,  after  he  has  passed  muster  as  aforesaid,  shall 
deliver  a  certificate  thereof  to  the  master  or  mistress  of  said  negro, 
mulatto,  or  Indian  slave ;  which  shall  discharge  him  from  the  service 
of  said  master  or  mistress  as  aforesaid. 

"  It  is  further  Voted  and  Resolved,  That  the  committee  who  shall 
estimate  the  value  of  any  slave  as  aforesaid,  shall  give  a  certificate  of 
the  sum  at  which  he  may  be  valued,  to  the  owner  of  said  slave : 
and  the  General  Treasurer  of  this  State  is  hereby  empowered  and 
directed  to  give  unto  the  owner  of  said  slave  his  promissory  note,  as 
Treasurer,  as  aforesaid,  for  the  sum  of  money  at  which  he  shall  be 
valued  as  aforesaid,  payable  on  demand,  with  interest,  at  the  rate  of 
six  per  cent,  per  annum  ;  and  that  said  notes  which  shall  be  so  given, 
shall  be  paid  with  the  money  which  is  due  this  State,  and  is  expected 
from  Congress,  —  the  money  which  has  been  borrowed  out  of  the 
General  Treasury  by  this  Assembly  being  first  replaced." 

The  members  of  the  General  Assembly  opposed  to  the 
passage  of  this  Act  embodied  their  objections  to  it  in  a  Pro- 
test. The  difficulties  which  they  apprehended  were  not  found 
to  exist  to  such  an  extent  as  to  defeat  the  project. 

"  Protest  against  enlisting  Slaves  to  serve  in  the  Army. 

"  "We,  the  subscribers,  beg  leave  to  dissent  from  the  vote  of  the 
Lower  House  ordering  a  regiment  of  negroes  to  be  raised  for  the  Con- 
tinental service,  for  the  following  reasons  ;  viz. 

"  1st,  Because,  in  our  opinion,  there  is  not  a  sufficient  number  of 
negroes  in  the  State  who  would  have  an  inclination  to  inlist,  and 
would  pass  muster,  to  constitute  a  regiment ;  and  raising  several  com- 
panies of  blacks  would  not  answer  the  purposes  intended :  and  there- 
fore the  attempt  to  constitute  said  regiment  would  prove  abortive,  and 
be  a  fruitless  expense  to  the  State. 

"  2d,  The  raising  such  a  regiment  upon  the  footing  proposed 
would  suggest  an  idea,  and  produce  an  opinion  in  the  world,  that  the 


NEGROES  AS  SOLDIERS.  121 

State  had  purchased  a  band  of  slaves  to  be  employed  in  the  defence  Negro  sol- 
of  the  rights  and  liberties  of  our  country  :  which  is  wholly  ineonsist-  Rhode"1 
ent  with  those  principles  of  liberty  and  constitutional  government  for  Island- 
which  we  are  so  ardently  contending  ;   and  would  be  looked  upon  by  the 
neighboring  States  in  a  contemptible  point  of  view,  and  not  equal  to 
their  troops ;  and  they  would,  therefore,  be  unwilling  that  we  should 
have  credit  for  them  as  for  an  equal  number  of  white  troops  ;  and  would 
also  give  occasion  to  our  enemies  to  suspect  that  we  are  not  able  to 
procure  our  own  people  to  oppose  them  in  the  field,  and  to  retort  upon 
us  the  same  kind  of  ridicule  we  so  liberally  bestowed  upon  them  on 
account  of  Dunmore's  regiment  of  blacks  ;  or  possibly  might  suggest 
to  them  the  idea  of  employing  black  regiments  against  us. 

"  3d,  The  expense  of  purchasing  and  inlisting  said  regiment,  in 
the  manner  proposed,  will  vastly  exceed  the  expenses  of  raising  an 
equal  number  of  white  men  ;  and,  at  the  same  time,  will  not  have 
the  like  good  effect. 

"  4th,  Great  difficulties  and  uneasiness  will  arise  in  purchasing  the 
negroes  from  their  masters  ;  and  many  of  the  masters  will  not  be 
satisfied  with  any  prices  allowed. 

"  John  Northup.  George  Peirce. 

James  Babcock,  Jr.  Sylvester  Gardner. 

Othniel  Gorton.  Samuel  Babcock." 


THE   GOVERNOR   OF   RHODE   ISLAND   TO    GEN.   WASHINGTON. 

"Providence,  Feb.  23,  1778. 

"  Sir,  —  I  have  been  favored  with  your  Excellency's  letter  of  the 
third  instant  [2d  ultimo  ?],  enclosing  a  proposal  made  to  you  by  Gener- 
al Varnum  for  recruiting  the  two  Continental  battalions  raised  by  this 
State. 

"  I  laid  the  letter  before  the  General  Assembly  at  their  session,  on 
the  second  Monday  in  this  month ;  who,  considering  the  pressing 
necessity  of  filliug  up  the  Continental  Army,  and  the  peculiarly  difficult 
circumstances  of  this  State,  —  which  rendered  it,  in  a  manner,  im- 
possible to  recruit  our  battalions  in  any  other  way,  —  adopted  the 
measure. 

"  Liberty  is  given  to  every  effective  slave  to  enter  the  service 
during  the  war ;  and,  upon  his  passing  muster,  he  is  absolutely  made 
free,  and  entitled  to  all  the  wages,  bounties,  and  encouragements  given 
by  Congress  to  any  soldier  enlisting  into  their  service.     The  masters 

16 


122  AN   HISTORICAL    RESEARCH. 

Negro  sol-    are  allowed  at  the  rate  of  £120  for  the  most  valuable  slave,  and  in 

diers  in 

Rhode         proportion  to  those  ot  less  value. 

Island.  u  T]lc  number  of  slaves  in  this  State  is  not  great ;  but  it  is  gener- 

ally thought  that  three  hundred  and  upwards  will  be  enlisted. 

"  I  am,  with  great  respect,  Sir,  your  Excellency's  most  obedient, 
humble  servant,  "  Nicholas  Cooke. 

"  To  Gen.  Washington." 

At  the  session  of  the  General  Assembly  in  which  the  Act 
was  passed, — 

"  It  is  voted  and  resolved,  That  Messrs.  Thomas  Rumreil,  Chris- 
topher Lippitt,  Samuel  Babcock,  Thomas  Tillinghast,  and  Josiah 
Humphrey,  be,  and  they  are  hereby,  appointed  a  committee  to  estimate 
the  value  of  the  slaves  who  may  enlist  into  the  Continental  battalions, 
agreeably  to  a  resolve  of  this  Assembly." 

A  short  time  after  the  act  was  passed,  March  the  9th,  — 

"  It  is  voted  and  resolved,  That  the  masters  of  all  negro  slaves,  who 
are  bound  out  as  apprentices,  that  already  have  inlisted  or  shall  inlist 
*  into  the  Continental  service,  shall  be  entitled  to  receive   out  of  the 

General  Treasury  the  annual  interest  of  the  sum  the  said  slaves  shall 
be  appraised  at,  until  the  expiration  of  their  apprenticeships  ;  and 
that  the  money  remain  in  the  treasury  until  the  expiration  of  the  said 
apprenticeships,  and  then  be  paid  to  the  owner  without  interest." 

As  it  was  not  desirable  to  extend  indefinitely  the  offer  of 
freedom  to  slaves  enlisting  under  this  act,  the  General 
Assembly,  at  their  May  Session,  adopted  the  following  pre- 
amble and  resolution:  — 

"  Whereas,  by  an  act  of  this  Assembly,  negro,  mulatto,  and  Indian 
slaves,  belonging  to  the  inhabitants  of  this  State,  are  permitted  to 
inlist  into  the  Continental  battalions  ordered  to  be  raised  by  this  State, 
and  are  thereupon  for  ever  manumitted  and  discharged  from  the  ser- 
vice of  their  masters ;  and  whereas  it  is  necessary,  for  answering  the 
purposes  intended  by  the  said  act,  that  the  same  shall  be  temporary, — 

"  It  is  therefore,  voted  and  resolved,  that  no  negro,  mulatto,  or  Indian 
slave,  be  permitted  to  inlist  into  said  battalions  from  and  after  the 
tenth  day  of  June  next ;  and  that  the  said  act  then  expire,  and  be  no 
longer  in  force,  any  thing  therein  to  the  contrary  notwithstanding." 


NEGROES   AS   SOLDIERS.  123 

At  the  October  Session,  1778, —  Negro  sol- 

diers in 

"  It  is  voted  and  resolved,  That  the  General  Treasurer  pay  unto  island. 

the  owners  of  slaves  who  have  enlisted  as  aforesaid,  and  who  have 

not  received  notes  for  the  estimated  value  of  the  same,  the  sums  of 

money  at  which  they  were  appraised,  upon  their  producing  certificates 

thereof  from  the  committee  appointed  to  give  the  same  ;  and  that  the 

said  owners  be  permitted  to  receive  the  whole  or  any  part  of  the  value 

of  their  slaves  in  Continental  loan-office  certificates." 

There  is  abundant  evidence  of  the  fidelity  and  bravery  of 
the  colored  patriots  of  Rhode  Island  during  the  whole  war. 
Before  they  had  been  formed  into  a  separate  regiment,  they 
had  fought  valiantly  with  the  white  soldiers  at  Red  Bank  and 
elsewhere.  Their  conduct  at  the  "  Battle  of  Rhode  Island," 
on  the  29th  of  August,  1778,  entitles  them  to  perpetual  honor. 
That  battle  has  been  pronounced  by  military  authorities  to 
have  been  one  of  the  best  fought  battles  of  the  Revolutionary 
War.  Its  success  was  owing,  in  a  great  degree,  to  the  good 
fighting  of  the  Negro  soldiers.  Mr.  Arnold,  in  his  "  History 
of  Rhode  Island,"  thus  closes  his  account  of  it :  — 

"  A  third  time  the  enemy,  with  desperate  courage  and  increased  Colonel 
strength,  attempted  to  assail  the  redoubt,  and  would  have  carried  it,  ^^ s 
but  for  the  timely  aid  of  two  Continental  battalions  despatched  by  Regiment. 
Sullivan  to  support  his  almost  exhausted  troops.     It  was  in  repelling 
these  furious  onsets,  that  the  newly  raised  black  regiment,  under  Col. 
Greene,   distinguished   itself  by   deeds   of   desperate  valor.     Posted 
behind  a  thicket  in  the  valley,  they  three  times  drove  back  the  Hes- 
sians, who  charged  repeatedly  down  the  hill  to  dislodge  tbem  ;  and  so 
determined  were  the  enemy  in  these  successive  charges,  that,  the  day 
after   the    battle,  the    Hessian    colonel,  upon  whom   this    duty  had 
devolved,  applied  to  exchange  his  command,  and  go  to  New  York, 
because  he  dared  not  lead  his  regiment  again  to  battle,  lest  his  men 
should  shoot  him  for  having  caused  them  so  much  loss."  —  Arnold's 
History  of  Rhode  Island,  vol.  ii.  pp.  427,  428. 

Three  years  later,  these  soldiers  are  thus  mentioned  by 
the  Marquis  de  Chastellux :  — 


M. 

setts 


124  AN   HISTORICAL    RESEARCH. 

Negro  sol-  "  The  5th  [of  January,  1781]  I  did  not  set  out  till  eleven,  although 
Rhode"  I  had  thirty  miles'  journey  to  Lebanon.  At  the  passage  to  the  ferry,  I 
Island.  met  w;tu  a  detachment  of  the  Rhode-Island  regiment,  — the  same  corps 
we  had  with  us  all  the  last  summer  :  but  they  have  since  been  recruit- 
ed and  clothed.  The  greatest  part  of  them  are  negroes  or  mulattoes  : 
but  they  are  strong,  robust  men  ;  and  those  I  have  seen  had  a 
very  good  appearance." — Chaslellux'  Travels,  vol.  i.  p.  454;  Lon- 
don, 1789. 

When  Colonel  Greene  was  surprised  and  murdered,  near 
Points  Bridge,  New  York,  on  the  14th  of  May,  1781,  his  col- 
ored soldiers  heroically  defended  him  till  they  were  cut  to 
pieces,  and  the  enemy  reached  him  over  the  dead  bodies  of 
his  faithful  negroes. 

Negro  In  the  spring  of  1778,  the  General  Court  of  Massachusetts, 

BOatsachu-  also>  was  invoked  to  sanction  the  enlisting  of  negro  soldiers. 
This  would  not  have  been  without  a  precedent  in  her  earlier 
legislation;  for,  in  1652,  "negroes,  Indians,  and  Scotchmen" 
(the  indented  captives  of  Cromwell,  who  had  encountered  his 
army  at  the  battle  of  Dunbar),  were  alike,  by  law,  obliged  to 
train  in  the  militia.  In  1656,  the  law  was  altered  so  as  to 
exempt  "negroes  and  Indians";  but  again,  in  1660,  a  new 
law  required  "  every  person  above  the  age  of  sixteen  years  " 
to  train,  except  certain  classes  of  persons  specified,  and 
"  except  one  servant  of  every  magistrate  and  teaching  elder, 
and  the  sons  and  servants  of  the  Major-General  for  the  time 
being."  Those  who  are  curious  in  tracing  the  early  legisla- 
tion on  the  subject  will  notice  the  continuance  of  this  vacil- 
lation into  the  next  century. 

On  the  3d  and  the  7th  of  April,  1778,  just  before  the  doings 
of  the  Rhode-Island  General  Assembly  were  communicated  to 
the  Legislature  of  Massachusetts,  Thomas  Kench,  belonging 
to  a  regiment  of  artillery  then  at  Castle  Island,  addressed  to 
the  General  Court  the  following  letters,  which  speak  for 
themselves :  — 


NEGROES   AS   SOLDIERS.  125 


"  To  the  Honorable  Council,  and  House  of  Representatives,  Boston,  or  Negro  sol- 

.   -n     7  diers  in 

at  Roxbury.  Massachu- 


"  Honored  Gentlemen,  —  At  the  opening  of  this  campaign,  our 


setts. 


forces  should  be  all  ready,  well  equipped  with  arms  and  ammunition,  Bench's 
with  clothing  sufficient  to  stand  them  through  the  campaign,  their  letter. 
wages  to  be  paid  monthly,  so  as  not  to  give  the  soldiery  so  much 
reason  of  complaint  as  it  is  the  general  cry  from  the  soldiery  amongst 
whom  I  am  connected. 

"  "We  have  accounts  of  large  re-enforcements  a-eoming  over  this 
spring  against  us  ;  and  we  are  not  so  strong  this  spring,  I  think,  as 
we  were  last.  Great  numbers  have  deserted ;  numbers  have  died, 
besides  what  is  sick,  and  incapable  of  duty,  or  bearing  arms  in  the 
field. 

"  I  think  it  is  highly  necessary  that  some  new  augmentation  should 
be  added  to  the  army  this  summer,  —  all  the  re-enforcements  that  can 
possibly  be  obtained.  For  now  is  the  time  to  exert  ourselves  or 
never ;  for,  if  the  enemy  can  get  no  further  hold  this  campaign  than 
they  now  possess,  we  [have]  no  need  to  fear  much  from  them  here- 
after. 

"Are-enforcement  can  quick  be  raised  of  two  or  three  hundred 
men.  Will  your  honors  grant  the  liberty,  and  give  me  the  command 
of  the  party  ?  And  what  I  refer  to  is  negroes.  We  have  divers  of 
them  in  our  service,  mixed  with  white  men.  But  I  think  it  would  be 
more  proper  to  raise  a  body  by  themselves,  than  to  have  them  inter- 
mixed with  the  white  men  ;  and  their  ambition  would  entirely  be  to  out- 
do the  white  men  in  every  measure  that  the  fortune  of  war  calls  a  soldier 
to  endure.  And  I  could  rely  with  dependence  upon  them  in  the  field 
of  battle,  or  to  any  post  that  I  was  sent  to  defend  with  them ;  and 
they  would  think  themselves  happy  could  they  gain  their  freedom  by 
bearing  a  part  of  subduing  the  enemy  that  is  invading  our  land,  and 
clear  a  peaceful  inheritance  for  their  masters,  and  posterity  yet  to 
come,  that  they  are  now  slaves  to. 

"  The  method  that  I  would  point  out  to  your  Honors  in  raising  a 
detachment  of  negroes  ;  —  that  a  company  should  consist  of  a  hundred, 
including  commissioned  officers  ;  and  that  the  commissioned  officers 
should  be  white,  and  consist  of  one  captain,  one  captain-lieutenant, 
two  second  lieutenants ;  the  orderly  sergeant  white  ;  and  that  there 
should  be  three  sergeants  black,  four  corporals  black,  two  drums  and 
two  fifes  black,  and  eighty-four  rank  and  file.     These  should  engage 


126  AN   HISTORICAL   RESEARCH. 

Nep-o         t0  gerve  till  the  end  of  the  war,  and  then  be  free  men.     And  I  doubt 

soldiers  in  ,.„.,,.  ...     .. 

Massachu-  not,  that  no  gentleman  that  is  a  friend  to  his  country  will  disapprove 

of  this  plan,  or  be  against  his  negroes  enlisting  into  the  service  to 

maintain  the  cause  of  freedom,  and  suppress  the  worse  than  savage 

enemies  of  our  land. 

"  I  beg  your  Honors  to  grant  me  the  liberty  of  raising  one  com- 
pany, if  no  more.  It  will  be  far  better  than  to  fill  up  our  battalions 
with  runaways  and  deserters  from  Gen.  Burgoyne's  army,  who,  after 
receiving  clothing  and  the  bounty,  in  general  make  it  their  business  to 
desert  from  us.  In  the  lieu  thereof,  if  they  are  [of]  a  mind  to  serve 
in  America,  let  them  supply  the  families  of  those  gentlemen  where 
those  negroes  belong  that  should  engage. 

"  I  rest,  relying  on  your  Honors'  wisdom  in  this  matter,  as  it  will 
be  a  quick  way  of  having  a  re-enforcement  to  join  the  grand  army,  or 
to  act  in  any  other  place  that  occasion  shall  require ;  and  I  will  give 
my  faith  and  assurance  that  I  will  act  upon  honor  and  fidelity,  should 
I  take  the  command  of  such  a  party  as  I  have  been  describing. 

"  So  I  rest  till  your  Honors  shall  call  me  ;  and  am  your  very  hum- 
ble and  obedient  servant, 

"Thomas  Kexcu, 

"In  Col.  Craft's  Regiment  of  Artillery,  now  on  Castle  Island. 
"  Castle  Island,  April  3,  1778." 

"  To  the  Honorable  Council  in  Boston. 

Thomas  "  The  letter  I  wrote  before  I  heard  of  the  disturbance  with  Col. 

sec'ond'S       Seares,  Mr.  Spear,  and  a  number  of  other  gentlemen,  concerning  the 
letter.  freedom  of  negroes,  in  Congress  Street.     It  is  a  pity  that  riots  should 

be  committed  on  the  occasion,  as  it  is  justifiable  that  negroes  should 
bave  their  freedom,  and  none  amongst  us  be  held  as  slaves^  as  freedom 
and  liberty  is  the  grand  controversy  that  we  are  contending  for ;  and 
I  trust,  under  the  smiles  of  Divine  Providence,  we  shall  obtain  it,  if 
all  our  minds  can  but  be  united  ;  and  putting  the  negroes  into  the 
service  will  prevent  much  uneasiness,  and  give  more  satisfaction  to 
those  that  are  offended  at  the  thoughts  of  their  servants  being  free. 

"  I  will  not  enlarge,  for  fear  I  should  give  offence ;  but  subscribe 
myself  Your  faithful  servant, 

"Thomas  Kexch. 

"  Castle  Island,  April  7,  1778." 

(MS.  Archives  of  Massachusetts,  vol.  excix.  pp.  SO,  84.) 


NEGROES   AS   SOLDIERS.  127 

On  the  11th  of  April,  the  former  of  the  above  letters  was  ^psr°   . 

1        '  soldiers  in 

duly  referred  to  a  joint  committee,  "  to  consider  the  same,  and  Massachu- 
report."  On  the  17th, "  a  resolution  of  the  General  Assembly 
of  Ehode  Island  for  enlisting  negroes  in  the  public  service" 
was  referred  to  the  same  committee.  On  the  28th,  they 
reported  the  draught  of  a  law,  differing  little  from  the  Rhode- 
Island  Resolution :  but  a  separate  organization  of  negro  com- 
panies, by  Kench,  does  not  appear  to  have  been  deemed 
advisable  at  that  time ;  and  the  usage  was  continued,  of 
"  having,"  in  the  words  of  Kench,  "  negroes  in  our  service, 
intermixed  with  the  white  men." 

Many  other  specimens  of  legislative  action  on  the  subject 
in  the  Northern  and  Middle  States  might  be  produced ;  but 
enough  have  already  been  given  to  show  the  general  current 
of  public  sentiment  in  this  part  of  the  country.  An  extract 
from  a  letter  to  Washington,  written  by  John  Cadwalader  at 
Annapolis,  Md.,  June  5,  1781,  relates  to  the  doings  of  that 
State :  — 

"  "We  have  resolved  to  raise,  immediately,  seven  hundred  and  fifty  Negro 

i  .       .  ,       .  .  ,,.,..  soldiers  in 

negroes,  to  be  incorporated  with  the  other  troops  ;  and  a  bill  is  now  Maryland. 

almost  completed."  —  Sparks's  Correspondence  of  the  American  Bevo- 

lution,  vol.  iii.  p.  331. 

In  an  act' passed  by  the  Legislature  of  New  York,  March 
20,  1781,  for  the  purpose  of  raising  two  regiments  upon  the 
inducement  of  "bounty  lands  unappropriated,"  is  to  be  found 
the  following  section :  — 

"  Sect.  G.  —  And  be  it  further  enacted  by  the  authority  aforesaid,  Negro 
that  any  person  who  shall  deliver  one  or  more  of  his  or  her  able-bodied  New  York, 
male  slaves  to  any  warrant  officer,  as  aforesaid,  to  serve  in  either  of 
the  said  regiments  or  independent  corps,  and  produce  a  certificate 
thereof,  signed  by  any  person  authorized  to  muster  and  receive  the 
men  to  be  raised  by  virtue  of  this  act,  and  produce  such  certificate  to 
the  Surveyor-General,  shall,  for  every  male  slave  so  entered  and 
mustered  as  aforesaid,  be  entitled  to  the  location  and  grant  of  one 
right,  in  manner  as  in  and  by  this  act  is  directed  ;  and  shall  be,  and 


128  AN   HISTORICAL   RESEARCH. 

Negro  hereby  is,  discharged  from  any  future  maintenance  of  such  slave,  any 
New  York.  l;nv  to  ''le  contrary  notwithstanding :  And  such  slave  so  entered  as 
aforesaid,  who  shall  serve  for  the  term  of  three  years  or  until  regularly 
discharged,  shall,  immediately  after  such  service  or  discharge,  be,  and 
is  hereby  declared  to  be,  a  free  man  of  this  State."  —  Laws  of  the 
State  of  Neiv  York,  Chap.  32,  {Mxrch  20,  1781,  Fourth  Session.) 

Tacitly  or  by  positive  law,  the  policy  of  arming  the  ne- 
groes and  employing  them  as  soldiers,  either  in  separate 
companies  or  mingled  in  the  ranks  with  white  citizens,  almost 
everywhere  prevailed.  In  Georgia  and  South  Carolina,  how- 
ever, where  there  was  the  most  urgent  call  for  more  troops, 
and  where  the  slave-holders  were  backward  in  enlisting,  the 
case  was  different.  These  States,  it  will  be  remembered, 
contained  so  many  Tories,  whose  sympathies  were  with  the 
enemy,  that  it  was  impossible  to  obtain  from  them  enough 
soldiers  for  a  "  home-guard." 

It  may  not  be  amiss  for  Massachusetts  men  to  refresh  their 
memories  by  referring  to  the  history  of  their  Commonwealth 
in  regard  to  supplying  soldiers  during  the  Revolution  ;  and 
it  may  be  well  for  all  to  notice,  that,  where  there  was  the 
greatest  opposition  to  the  arming  and  employing  of  negroes 
as  soldiers,  there  was  the  least  disposition  to  furnish  a  fair 
supply  of  white  soldiers.  The  following  items  of  Revolution- 
ary history  were  published  several  years  since  by  our  associ- 
ate, the  Hon.  Lorenzo  Sabine,  in  the  historical  essay  prefixed 
to  his  excellent  history  of  the  "  American  Loyalists  "  :  — 

Where  the         "  The  whole  number  of  regulars  enlisted  for  the  Continental  ser- 

the  Contu   vice>  from  the  beginning  to  the  close  of  the  struggle,  was  231,959. 

iiental  ser-   Qf  these,  I  have  once  remarked,  G7,907  were  from  Massachusetts  ; 
vice  came 

from.  and  I  may  now  add,  that  every  State  south  of  Pennsylvania  provided 

but  59,493,  or  8,414  less  than  this  single  State  ;  and  that*  New  Eng- 
land —  now,  I  grieve  to  say,  contemned  and  reproached  —  equipped 
and  maintained  118,350,  or  above  half  of  the  number  placed  at  the 
service  of  Congress  during  the  war.  I  would  not  press  these  facts  to 
the  injury  of  the  Whigs  of  the  South.  The  war,  after  the  evacuation 
of  Boston,  I  am  aware,  was   transferred  from  New  England  to  the 


KECROES  AS  SOLDIEBS.  129 

Middle  and  Southern  States ;    and  these  States  accordingly  required  Where  the 

bodies  of  troops  to  be  kept  at  borne  to  protect  themselves.     But  as  it  the  Conti? 

is  to  be  presumed  that  most  of  such  bodies  composed  a  part  of  the  ne"tal  ser- 
1  r  r  Vlcc  0.lme 

regular  force  employed  by  Congress,  and  were,  therefore,  included  in  from, 
the  Continental  establishment  and  pay,  the  argument  is  in  no  essen- 
tial particular  weakened  by  the  admission,  that  the  Whigs  of  the 
South  were,  of  necessity,  employed  in  the  defence  of  their  own  fire- 
sides ;  for,  were  this  the  truth  of  the  case,  the  numbers  in  this  service, 
as  well  as  in  other,  would  still  appear,  in  making  up  the  aggregate 
force  enlisted  from  time  to  time  in  each  State.  The  exact  question  is, 
then,  not  where  were  the  battle-grounds  of  the  Revolution,  but  what 
wTas  the  proportion  of  men  which  each  of  the  thirteen  States  supplied 
for  the  contest. 

"  In  considering  the  political  condition  of  Virginia  and  North 
Carolina,  it  was  admitted  that  these  States  were  not  able  to  provide 
troops  according  to  their  population,  as  compared  with  the  States  des- 
titute of  a  '  peculiar  institution.'  The  same  admission  is  now  made 
in  behalf  of  South  Carolina.  Yet  did  G,GC0  Whig  soldiers  exhaust 
her  resources  of  men  ?  Could  she  furnish  only  752  more  than  Rhode 
Island,  the  smallest  State  in  the  Confederacy ;  only  one-fifth  of  the 
number  of  Connecticut ;  only  one-half  as  many  as  New  Hampshire, 
then  almost  an  unbroken  wilderness  ?  She  did  not :  she  could  not 
defend  herself  against  her  own  Tories ;  and  it  is  hardly  an  exaggera- 
tion to  add,  that  more  Whigs  of  other  States  were  sent  to  her  aid,  and 
'now  lie  buried  in  her  soil,  than  she  herself  sent  to  every  scene  of  strife 
outside  of  her  own  borders  from  Lexington  to  Yorktown. 

"  South  Carolina,  with  a  Northern  army  to  assist  her,  could  not  or 
would  not  even  preserve  her  own  capital.  Wlien  news  reached  Con- 
necticut that  Gage  had  sent  a  force  into  the  country,  and  that  blood 
had  been  shed,  Putnam  was  at  work  in  his  field.  Leaving  his  plough 
in  the  furrow,  he  started  for  Cambridge,  without  chan°:inir  his  arar- 
ments.  When  Stark  heard  the  same  tidings,  he  was  sawing  pine-logs, 
and  without  a  coat :  shutting  down  the  gate  of  his  mill,  he  commenced 
his  journey  to  Boston  in  his  shirt-sleeves.  The  same  spirit  animated 
the  Whigs  far  and  near ;  and  the  capital  of  New  England  was 
invested  with  fifteen  thousand  armed  men. 

"  How  was  it  at  Charleston  ?  That  city  was  the  great  mart  of  the 
South,  and,  what  Boston  still  is,  the  centre  of  the  export  and  import 
trade  of  a  large  population.  In  grandeur,  in  splendor  of  buildings,  in 
decorations,  in  equipages,  in  shipping  and  commerce,  Charleston  was 

IT 


130  AN   HISTORICAL    RESEARCH. 

Where  the  equal  to  any  city  in  America.     But  its  citizens  did  not  rally  to  save 
the  Conti"    li '  an(^  Gen.  Lincoln  was  compelled  to  accept  of  terms  of  capitular 

nental  ser-  t;on_      jje  wag   muc\l  censured   for  the  act.      Yet  whoever  calmly 

vice  came 

lrom.  examines  the  circumstances  will  be  satisfied,  I  think,  that  the  measure 

was  unavoidable  ;  and  that  the  inhabitants,  as  a  body,  preferred  to 
return  to  their  allegiance  to  the  British  Crown.  The  people,  on 
whom  Congress  and  Gen.  Lincoln  depended  to  complete  his  force, 
refused  to  enlist  under  the  Whig  banner ;  but,  after  the  surrender  of 
the  city,  they  flocked  to  the  royal  standard  by  hundreds.  In  a  word, 
so  general  was  the  defection,  that  persons  who  had  enjoyed  Lincoln's 
confidence  joined  the  royal  side  ;  and  men  who  had  participated  in 
his  councils  bowed  their  necks  anew  to  the  yoke  of  Colonial  vassalage. 
Sir  Henry  Clinton  considered  his  triumph  complete,  and  communi- 
cated to  the  ministry  the  intelligence  that  the  whole  State  had  yielded 
submission  to  the  royal  arms,  and  had  become  again  a  part  of  the 
empire.  To  the  women  of  South  Carolina,  and  to  Marion,  Sumpter, 
and  Pickens,  the  celebrated  partisan  chiefs,  who  kept  the  field  with- 
out the  promise  of  men,  money,  or  supplies,  it  was  owing  that  Sir 
Henry's  declaration  did  not  prove  entirely  true  for  a  time,  and  that 
the  name  and  the  spirit  of  liberty  did  not  become  utterly  extinct."  — 
The  American  Loyalists,  pp.  30-33,  (as  corrected  by  the  author  for  a 
second  edition.) 

This  statement  was  not  allowed  to  pass  without  contradic- 
tion, and  the  author  of  it  was  fiercely  reproached.-  His  huts 
and  figures  were  called  in  question ;  but  they  were  not 
proved  to  be  incorrect.  From  a  recent  careful  examination 
of  the  statistics  as  contained  in  the  official  report  of  General 
Knox,  the  Secretary  of  War,  made  to  Congress  in  1790,  I  am 
satisfied  that  Mr.  Sabine,  in  this  case,  has  not  departed  from 
his  general  practice  of  stating  with  scrupulous  accuracy  and 
impartiality  the  simple  facts  relating  to  his  subject. 

The  difficulty  of  obtaining  a  sufficient  number  of  white 
soldiers  in  the  Southern  States  to  defend  them  from  the  inva- 
sion of  the  enemy,  and  the  fact  that  the  employment  of 
negroes,  where  the  practice  had  prevailed,  had  proved 
entirely  successful,  led  to  a  vigorous  effort  in  Congress  and 
elsewhere  to  take  advantage  of  this    class  of  persons  for 


NEGROES   AS   SOLDIERS.  131 

increasing  the  army,  particularly  in  Georgia  and  South  Caro- 
lina. Colonel  John  Laurens,  of  South  Carolina,  was  one  of 
the  most  earnest  advocates  of  the  measure.  His  father,  the 
Hon.  Henry  Laurens,  on  the  16th  of  March,  1779,  wrote  to 
Washington :  — 

"  Our  affairs  in  the  Southern  department  are  more  favorable  than  Henry 
we  had  considered  them  a  few  days  ago  ;  nevertheless,  the  country  is  t0'  wash- 
greatly  distressed,  and  will  be  more  so  unless  further  reinforcements  "S1™- 
are  sent  to  its  relief.     Had  we  arms  for  three  thousand  such  black 
men  as  I  could  select  in  Carolina,  I  should  have  no  doubt  of  success 
in  driving  the  British  out  of  Georgia,  and  subduing  East  Florida, 
before  the   end  of  July."  —  Sparks's  Washington,  vol.   vi.   p.   204, 
note. 

In  his  reply  to  Mr.  Laurens,  on  the  20th  of  the  same  month,  Washing- 

.     .  .  ton  to 

"Washington,  with  his   characteristic    caution    and   modesty,  nem-y 

suggests  his  doubts,  but  adds  that  they  are  "  only  the  first 

crude  ideas  "  that  struck  him. 

"  The  policy  of  our  arming  slaves,  is,  in  my  opinion,  a  moot  point, 
unless  the  enemy  set  the  example.  For,  shoidd  we  begin  to  form 
battalions  of  them,  I  have  not  the  smallest  doubt,  if  the  war  is  to  be 
prosecuted,  of  their  following  us  in  it,  and  justifying  the  measure 
upon  our  own  ground.  The  contest  then  must  be,  who  can  arm 
fastest.  And  where  are  our  arms  ?  Besides,  I  am  not  clear  that  a 
discrimination  will  not  render  slavery  more  irksome  to  those  who 
remain  in  it.  Most  of  the  good  and  evil  things  in  this  life  are  judged 
of  by  comparison ;  and  I  fear  a  comparison  in  this  case  will  be  pro- 
ductive of  much  discontent  in  those  who  are  held  in  servitude.  But, 
as  this  is  a  subject  that  has  never  employed  much  of  my  thoughts, 
these  are  no  more  than  the  first  crude  ideas  that  have  struck  me  upon 
the  occasion."  —  Sparks's  Washington,  vol.  vi.  p.  204. 

Alexander  Hamilton,  who  had  thought  much  on  the  subject, 
and  had  considered  it  in  its  various  relations,  gave  his  un- 
qualified and  hearty  support  to  the  measure.  In  a  letter  to 
Mr.  Jay,  which  has  been  preserved  and  published,  he  states 
his  views  with  great  clearness :  — 


132  AN   HISTORICAL   RESEARCH. 

"Headquarters,  March  14,  1779. 
"  To  John  Jay. 
Alexander        "  Dear  Sir,  —  Col.  Laurens,  who  will  have  the  honor  of  deliver- 

Hamilton.     .  .  . 

ing  you  this  letter,  is  on  his  way  to   south  Carolina,  on  a  project 

which  I  think,  in  the  present  situation  of  affairs  there,  is  a  very  good 
one,  and  deserves  every  kind  of  support  and  encouragement.  This 
is,  to  raise  two,  three,  or  four  battalions  of  negroes,  with  the  assist- 
ance of  the  government  of  that  State,  by  contributions  from  the 
owners,  in  proportion  to  the  number  they  possess.  If  you  should 
think  proper  to  enter  upon  the  subject  with  him,  he  will  give  you  a 
detail  of  his  plan.  He  wishes  to  have  it  recommended  by  Congress 
to  the  State  ;  and,  as  an  inducement,  that  they  should  engage  to  take 
those  battalions  into  Continental  pay. 

"  It  appears  to  me,  that  an  expedient  of  this  kind,  in  the  present 
state  of  Southern  affairs,  is  the  most  rational  that  can  be  adopted, 
and  promises  very  important  advantages.  Indeed,  I  hardly  see  how 
a  sufficient  force  can  be  collected  jn  that  quarter  without  it ;  and  the 
enemy's  operations  there  are  growing  infinitely  more  serious  and 
formidable.  I  have  not  the  least  doubt  that  the  negroes  will  make 
very  excellent  soldiers  with  proper  management ;  and  I  will  venture 
to  pronounce,  that  they  cannot  be  put  into  better  hands  than  those  of 
Mr.  Laurens.  He  has  all  the  zeal,  intelligence,  enterprise,  and  every 
other  qualification,  necessary  to  succeed  in  such  an  undertaking.  It 
is  a  maxim  with  some  great  military  judges,  that,  with  sensible  offi- 
cers, soldiers  can  hardly  be  too  stupid  ;  and,  on  this  principle,  it  is 
thought  that  the  Russians  would  make  the  best  troops  in  the  world,  if 
they  were  under  other  officers  than  their  own.  The  King  of  Prussia 
is  among  the  number  who  maintain  this  doctrine  ;  and  has  a  veiy 
emphatic  saying  on  the  occasion,  which  I  do  not  exactly  recollect.  I 
mention  this  because  I  hear  it  frequently  objected  to  the  scheme  of 
embodying  negroes,  that  they  are  too  stupid  to  make  soldiers.  This 
is  so  far  from  appearing  to  me  a  valid  objection,  that  I  think  their 
want  of  cultivation  (for  their  natural  faculties  are  probably  as  good 
as  ours),  joined  to  that  habit  of  subordination  which  they  acquire 
from  a  life  of  servitude,  will  make  them  sooner  become  soldiers  than 
our  white  inhabitants.  Let  officers  be  men  of  sense  and  sentiment ; 
and  the  nearer  the  soldiers  approach  to  machines,  perhaps  the 
better. 

"  I  foresee  that  this  project  will  have  to  combat  much  opposition 
from  prejudice  and  self-interest.     The  contempt  we  have  been  taught 


NEGROES   AS   SOLDIERS.  133 

to  entertain  for  the  blacks  makes  us  fancy  many  things  that  are  Alexander 
founded  neither  in  reason  nor  experience  ;  and  an  unwillingness  to  Hamilton- 
part  with  property  of  so  valuable  a  kind  will  furnish  a  thousand 
arguments  to  show  the  impracticability  or  pernicious  tendency  of  a 
scheme  which  requires  such  a  sacrifice.  But  it  should  be  considered, 
that,  if  we  do  not  make  use  of  them  in  this  way,  the  enemy  probably 
will;  and  that  the  best  way  to  counteract  the  temptations  they  will 
hold  out  will  be  to  offer  them  ourselves.  An  essential  part  of  the 
plan  is  to  give  them  their  freedom  with  their  muskets.  This  will 
secure  their  fidelity,  animate  their  courage,  and,  I  believe,  will  have 
a  good  influence  upon  those  who  remain,  by  opening  a  door  to  their 
emancipation.  This  circumstance,  I  confess,  has  no  small  weight  in 
inducing  me  to  wish  the  success  of  the  project ;  for  the  dictates  of 
humanity,  and  true  policy,  equally  interest  me  in  favor  of  this  unfor- 
tunate class  of  men. 

"  With  the  truest  respect  and  esteem, 

"  I  am,  Sir,  your  most  obedient  servant, 

"Alex.  Hamilton." 
(Life  of  John  Jay,  by  William  Jay,  vol.  ii.  pp.  31,  32.) 

Congress,  although  it  had  no  power  to  control  the  action  of  Congress 

rccom- 

the  individual  States  in  this  matter,  considered  the  subject  so/nends 

i  p  i  ■    i  •  i       negro  en- 

irnportant,  that  it  was  referred  to  a  special  committee,  who  Hstments. 
prepared  a  report,  that  led  to  the  adoption  of  a  series  of  reso- 
lutions, recommending  to  "  the  States  of  South  Carolina  and 
Georgia,  if  they  shall  think  the  same  expedient,  to  take 
measures  immediately  for  raising  three  thousand  able-bodied 
negroes." 

"In  Congress,  March  29,  1779. 
"  The  Committee,  consisting  of  Mr.  Burke,  Mr.  Laurens,  Mr. 
Armsti'ong,  Mr.  Wilson,  and  Mr.  Dyer,  appointed  to  take  into  consid- 
eration the  circumstances  of  the  Southern  States,  and  the  ways  and 
means  for  their  safety  and  defence,  report,  — 

"  That  the  State  of  South  Carolina,  as  represented  by  the  dele- 
gates of  the  said  State  and  by  Mr.  linger,  who  has  come  hither,  at 
the  request  of  the  Governor  of  the  said  State,  on  purpose  to  ex- 
plain the  particular  circumstances  thereof,  is  unable  to  make  any 
effectual  efforts  with  militia,  by  reason  of  the  great  proportion  of 


134 


AN   HISTORICAL    RESEARCH. 


Congress 
recom- 
mends ne- 
gro enlist- 
ments. 


citizens  necessary  to  remain  at  home  to  prevent  insurrections  among 
the  negroes,  and  to  prevent  the  desertion  of  them  to  the  enemy. 

"  That  the  state  of  the  country,  and  the  great  numbers  of  those 
people  among  them,  expose  the  inhabitants  to  great  danger  from  the 
endeavors  of  the  enemy  to  excite  them  either  to  revolt  or  desert. 

"  That  it  is  suggested  by  the  delegates  of  the  said  State  and  by 
Mr.  Huger,  that  a  force  might  be  raised  in  the  said  State  from  among 
the  negroes,  which  would  not  only  be  formidable  to  the  enemy  from 
their  numbers,  and  the  discipline  of  which  they  would  very  readily 
admit,  but  would  also  lessen  the  danger  from  revolts  and  desertions,  by 
detaching  the  most  vigorous  and  enterprising  from  among  the  negroes. 

"  That,  as  this  measure  may  involve  inconveniences  peculiarly 
affecting  the  States  of  South  Carolina  and  Georgia,  the  Committee 
are  of  opinion  that  the  same  should  be  submitted  to  the  governing 
powers  of  the  said  States ;  and,  if  the  said  powers  shall  judge  it 
expedient  to  raise  such  a  force,  that  the  United  States  ought  to  defray 
the  expense  thereof :  whereupon, 

"  Resolved,  That  it  be  recommended  to  the  States  of  South  Caro- 
lina and  Georgia,  if  they  shall  think  the  same  expedient,  to  take 
measures  immediately  for  raising  three  thousand  able-bodied  ne- 
groes. 

*  "  That  the  said  negroes  be  formed  into  separate  corps,  as  batta- 
lions, according  to  the  arrangements  adopted  for  the  main  army,  to  he 
commanded  by  white  commissioned  and  non-commissioned  officers. 

"  That  the  commissioned  officers  be  appointed  by  the  said  States. 

"  That  the  non-commissioned  officers  may,  if  the  said  States 
respectively  shall  think  proper,  be  taken  from  among  the  non-commis- 
sioned officers  and  soldiers  of  the  Continental  battalions  of  the  said 
States  respectively. 

"  That  the  Governors  of  the  said  States,  together  with  the  com- 
manding officer  of  the  Southern  army,  be  empowered  to  incorporate 
the  several  Continental  battalions  of  their  States  with  each  other 
respectively,  agreeably  to  the  arrangement  of  the  army,  as  established 
by  the  resolutions  of  May  27,  1778;  and  to  appoint  such  of  the 
supernumerary  officers  to  command  the  said  negroes  as  shall  choose 
to  go  into  that  service. 

"  Resolved,  That  Congress  will  make  provision  for  paying  the 
proprietors  of  such  negroes  as  shall  be  enlisted  for  the  service  of 
the  United  States  during  the  war  a  full  compensation  for  the  property, 
at,  a  rate  not  exceeding  one  thousand  dollars  for  each  active,  able- 


NEGROES   AS   SOLDIERS.  135 

bodied  negro  man  of  standard  size,  not  exceeding  thirty-five  years  of  Congress 
age,  who  shall  be  so  enlisted  and  pass  muster.  mends  ne- 

"  That  no  pay  or  bounty  be  allowed  to  the  said  negroes  ;   but  that  ^r"  et"llst" 
they  be  clothed  and  subsisted  at  the  expense  of  the  United  States. 

"  That  every  negro  who  shall  well  and  faithfully  serve  as  a  soldier 
to  the  end  of  the  present  war,  and  shall  then  return  his  arms,  be 
emancipated,  and  receive  the  sum  of  fifty  dollars."  —  Secret  Journals 
of  Congress,  vol.  i.  pp.  107-110. 

On  the  same  clay  that  the  report  in  favor  of  raising  negro 
troops  was  made,  Congress  passed  the  following  resolution :  — 

"  Whereas  John  Laurens,  Esq.,  who  has  heretofore  acted  as 
aide-de-camp  to  the  Commander-in-chief,  is  desirous  of  repairing  to 
South  Carolina,  with  a  design  to  assist  in  defence  of  the  Southern 
States  ;  — 

"  Resolved,  That  a  commission  of  lieutenant-colonel  be  granted  to 
the  said  John  Laurens,  Esq."  —  Journals  of  Congress,  vol.  v.  p.  123. 

Col.  John  Laurens  was  the  son  of  the  Hon.  Henry  Laurens, 
the  distinguished  member  of  Congress  and  at  one  time 
President  of  that  bod}'.  He  was  one  of  the  most  patriotic 
and  brave  of  the  Southern  officers,  and  has  not  improperly 
been  called  the  "  Chevalier  Bayard  of  America."  He  was 
the  intimate  friend  of  Washington  and  Hamilton.  Having 
been  in  active  service  in  Rhode  Island  and  elsewhere,  and 
having  had  the  best  opportunities  of  witnessing  the  useful- 
ness of  the  colored  soldiers,  he  entered  into  the  spirit  of  the 
undertaking  with  his  whole  heart,  and  used  his  best  efforts  to 
promote  its  success.  For  this  purpose,  he  went  to  his  native 
State,  and  used  his  personal  influence  to  induce  the  Legisla- 
ture to  take  the  necessary  steps  for  raising  black  troops.  In 
a  letter  to  Hamilton,  he  says, — ■ 

"  Ternant  will  relate  to  you  how  many  violent  struggles  I  have  Colonel 
had  between  duty  and  inclination, — how  much  my  heart  was  with    auren°' 
you,  while  I  appeared  to  be  most  actively  employed  here.     But  it 
appears  to  me,  that  I  should  be  inexcusable  in  the  light  of  a  citizen, 
if  I  did  not  continue  my  utmost  efforts  for  carrying  the  plan  of  the 


tiou. 


136  AN   HISTORICAL    RESEARCH. 

black  levies  into  execution,  while  there  remain  the  smallest  hopes  of 
success." —  Works  of  Hamilton,  vol.  i.  pp.  114,  115. 

On  the  14th  -of  February,  1780,  Col.  Laurens  wrote  to 
Washington  from  Charleston:  — 

Colonel  "  Private  accounts  say  that  General  Prevost  is  left  to  command  at 

Savannah  ;  that  his  troops  consist  of  the  Hessians  and  Loyalists  that 
were  there  before,  re-enforced  by  a  corps  of  blacks  and  a  detachment 
of  savages.  It  is  generally  reported  that  Sir  Henry  Clinton  com- 
mands the  present  expedition."  —  Sparlcs's  Correspondence  of  the 
American  Revolution,  vol.  ii.  p.  402. 

Sir  Henry  It  should  be  borne  in  mind  that  Sir  Henry  Clinton  had 
Prociama-  several  months  previously  issued  a  proclamation,  calling  upon 
negroes  to  join  his  army,  either  as  soldiers,  or  with  full  secu- 
rity to  follow  any  occupation  within  his  lines  which  they 
thought  proper.  This  proclamation  was  first  printed  in 
New  York,  in  Rivington's  "  Royal  Gazette,"  on  the  3d  of 
July,  1779.  It  is  here  reprinted  from  that  journal.  Tho 
words  in  Italics  were  added  in  the  issue  of  August  25th,  with 
a  note  stating  that  they  had,  "  through  the  mistake  of  tho 
printers,  been  hitherto  omitted." 

"  By  his  Excellency  Sir  Henry  Clinton,  K.B.  General  and  Commander- 
in-chief  of  all  his  Majesty's  Forces  within  the  Colonies  laying  on  the  At  lan- 
tic  Ocean,  from  Nova  Scotia  to  West-Florida,  inclusive,  &c,  &c.,  &c. 

PROCLAMATION. 

"  WTiereas  the  enemy  have  adopted  a  practice  of  enrolling  NE- 
GROES among  their  Troops,  I  do  hereby  give  notice  That  all 
negroes  taken  in  arms,  or  upon  any  military  Duty,  shall  be  purchased 
for  the  public  service  at  a  stated  Price  ;  the  money  to  be  paid  to  the 
Captors. 

"But  I  do  most  strictly  forbid  any  Person  to  sell  or  claim  Right 
over  any  negroe,  the  property  of  a  Rebel,  who  may  take  Refuge  with 
any  part  of  this  Army:  And  I  do  promise  to  every  negroe  who 
shall  desert  the  Rebel  Standard,  full  security  to  follow  within  these 
Lines,  any  Occupation  which  he  shall  think  proper. 

"  Given  under  my  Hand,  at  Head-Quarters,  Philipsburgii,  the 
30th  day  of  June,  1779.  "  H.  Clinton. 

(I  By  his  Excellency's  command, 

*       "Jons  Smith,  Secretary." 


NEGROES   AS   SOLDIERS.  137 

Lord  Cornwallis  also  issued  a  proclamation  encouraging  Lord  Corn- 
the .  slaves  to  join  the  British  Army;  but  it  is  well  known  prociami- 
that  no  regard  for  their  welfare  prompted  his  action,  and  but tlon- 
little  kindness  was  shown  by  him  to  the  slaves  who  deserted 
their  masters,  or  who  were  compelled  to  leave  them.     A  let- 
ter from  Mr.  Jefferson  to  Dr.  Gordon,  written  several  years 
after  the  war  was  closed,  contains  a  passage  which  shows 
how  that   statesman    regarded    the    treatment  of  his    own 
negroes. 

"  Lord  Cornwallis  destroyed  all  my  growing  crops  of  corn  and  Thomas 
tobacco  ;  he  burned  all  my  barns,  containing  the  same  articles  of  the  j* eflerson 
last  year,  having  first  taken  what  corn  he  wanted ;  he  used,  as  was  to  Gordon. 
be  expected,  all  my  stock  of  cattle,  sheep,  and  hogs,  for  the  suste- 
nance of  his  army,  and  carried  off  all  the  horses  capable  of  service  ; 
of  those  too  young  for  service  he  cut  the  throats  ;  and  he  burned  all 
the  fences  on  the  plantation,  so  as  to  leave  it  an  absolute  waste.  He 
carried  off  also  about  thirty  slaves.  Had  this  been  to  give  them  free- 
dom, he  would  have  done  right ;  but  it  was  to  consign  them  to  inevita- 
ble death  from  the  small-pox' and  putrid  fever,  then  raging  in  his 
camp.  This  I  knew  afterwards  to  be  the  fate  of  twenty-seven  of 
them.  I  never  had  news  of  the  remaining  three,  but  presume  they 
shared  the  same  fate.  "When  I  say  that  Lord  Cornwallis  did  all  this, 
I  do  not  mean  that  he  carried  about  the  torch  in  his  own  hands,  but 
that  it  was  all  done  under  his  eye ;  the  situation  of  the  house,  in 
which  he  was,  commanding  a  view  of  every  part  of  the  plantation,  so 
that  he  must  have  seen  every  fire.  I  relate  these  things  on  my  own 
knowledge,  in  a  great  degree,  as  I  was  on  the  ground  soon  after  he 
left  it.  He  treated  the  rest  of  the  neighborhood  somewhat  in  the 
same  style,  but  not  with  that  spirit  of  total  extermination  with  which 
he  seemed  to  rage  over  my  possessions.  Wherever  he  went,  the 
dwelling-houses  were  plundered  of  every  thing  which  could  be  car- 
ried off.  Lord  Cornwallis's  character  in  England  would  forbid  the 
belief  that  he  shared  in  the  plunder ;  but  that  his  table  was  served 
with  the  plate  thus  pillaged  from  private  houses,  can  be  proved  by 
many  hundred  eye-witnesses.  From  an  estimate  I  made  at  that  time, 
on  the  best  information  I  could  collect,  I  supposed  the  State  of  Vir- 
ginia lost,  under  Lord  Cornwallis's  hand,  that  year,  about  thirty  thou- 
sand slaves ;    and  that,   of  these,  twenty-seven  thousand   died  of  the 

18 


138 


AN   HISTORICAL   RESEARCH. 


General 
Lincoln. 


small-pox  and  camp-fever ;  and  the  rest  were  partly  sent  to  the  West 
Indies,  and  exchanged  for  rum,  sugar,  coffee,  and  fruit ;  and  partly 
sent  to  New  York,  from,  whence  they  went,  at  the  peace,  either  to  Nova 
Scotia  or  to  England.  From  this  last  place,  I  believe,  they  have  been 
lately  sent  to  Africa.  History  will  never  relate  the  horrors  committed 
by  the  British  Army  in  the  Southern  States  of  America."  —  Jefferson's 
Works,  vol.  ii.  p.  426. 

It  is  very  evident  from  this  statement,  that  the  distrust 
and  fears  on  the  part  of  the  negroes,  in  regard  to  the  pro- 
mises of  the  British  officers,  Dunmore,  Clinton,  and  Cornwallis, 
were  well  founded.  In  striking  contrast  to  their  treatment 
of  the  slaves  is  the  noble  sentiment  of  Jefferson,  himself  a 
severe  sufferer  from  the  conduct  of  Cornwallis :  "  Had  this 
been  to  give  them  freedom,  he  would  have  done  right." 

In  the  autumn  of  the  year  1780,  Colonel  Laurens  was  sent 
on  an  important  mission  to  France.  The  policy  which  he  so 
warmly  advocated  in  his  own  State  and  in  Georgia  was  not, 
however,  neglected  during  his  absence. 

General  Lincoln  repeatedly  and  earnestly  implored  that 
the  army  in  the  South  might  be  strengthened  in  this,  which 
seemed  to  be  the  only  practicable  way.  In  a  letter  to 
Governor  Rutledge,  dated  Charleston,  March  13,  1780,  he 
says : — 

"  Give  me  leave  to  add  once  more,  that  I  think  the  measure  of 
raising  a  black  corps  a  necessary  one  ;  that  I  have  great  reason  to 
believe,  if  permission  is  given  for  it,  that  many  men  would  soon  be 
obtained.  I  have  repeatedly  urged  this  matter,  not  ouly  because 
Congress  have  recommended  it,  and  because  it  thereby  becomes  my 
duty  to  attempt  to  have  it  executed,  but  because  my  own  mind  sug- 
gests the  utility  and  importance  of  the  measure,  as  the  safety  of  the 
town  makes  it  necessary."  —  Manuscript  Letter. 

Mr.  Madison,  in  a  letter  to  Joseph  Jones,  dated  November 
20, 1780,  thus  advocated  the  policy  of  freeing  and  arming  the 


James 
Madison. 


"  Yours  of  the  18th  came  yesterday.     I  am  glad  to  find  the  Legis- 
lature persist  in  their  resolution  to  recruit  their  line  of  the  army  for 


NEGROES   AS   SOLDIERS.  139 

the  war ;  though,  without  deciding  on  the  expediency  of  the  mode  James 
under  their  consideration,  would  it  not  be  as  well  to  liberate  and 
make  soldiers  at  once  of  the  blacks  themselves,  as  to  make  them 
instruments  for  enlisting  white  soldiers  ?  It  would  certainly  be  more 
consonant  with  the  principles  of  liberty,  which  ought  never  to  be  lost 
sight  of  in  a  contest  for  liberty :  and,  with  white  officers  and  a  ma- 
jority of  white  soldiers,  no  imaginable  danger  could  be  feared  from 
themselves,  as  there  certainly  could  be  none  from  the  effect  of  the 
example  on  those  who  should  remain  in  bondage  ;  experience  having 
shown  that  a  freedman  immediately  loses  all  attachment  and  sympa- 
thy with  his  former  fellow-slaves."  —  Madison  Papers,  p.  68. 

On  the  28th  of  February,  1781,  General  Greene,  who  was 
then  in  North  Carolina,  wrote  to  Washington :  — 

"  The  enemy  have  ordered  two  regiments  of  negroes  to  be  imme-  General 
diately  embodied,  and  are  drafting  a  great  proportion  of  the  young  Greeue- 
men  of  that  State   [South  Carolina],  to  serve  during  the  war."  — 
Sparks's  Correspondence  of  the  American  Revolution,  vol.  iii.  p.  246. 

Colonel  Laurens,  some  time  after  his  return  from  France, 
resumed  his  efforts  to  induce  the  slaveholders  of  South  Caro- 
lina and  Georgia  to  allow  their  negroes  to  enlist  as  soldiers  in 
the  Continental  Army ;  and,  although  he  found  that  "  truth 
and  philosophy  had  gained  some  ground,"  he  was  compelled 
to  say  that  "  the  single  voice  of  reason  was  drowned  by  the 
howlings  of  a  triple-headed  monster,  in  which  prejudice, 
avarice,  and  pusillanimity  were  united."  Two  letters,  written 
by  him  only  a  few  months  before  he  laid  down  his  life  for  his 
country  in  battle,  contain  further  evidence  of  his  faithful 
efforts,  and  a  sad  account  of  the  manner  in  which  his  purposes 
were  defeated.  Both  of  these  letters  were  addressed  to 
Washington.     The  first  was  dated  May  19,  1782. 

"  The  plan  which  brought  me  to  this  country  was  urged  with  all  Colonel 
,...,,..  „  Laurens  to 

the  zeal  which  the  subject  inspired,  both  m  our  Privy  Council  and  Washing- 
Assembly  ;  but  the  single  voice  of  reason  was  drowned  by  the  howl-  oa' 
ings  of  a  triple-headed   monster,  in  which  prejudice,  avarice,   and 
pusillanimity  were  united.     It  was  some  degree  of  consolation  to  me, 
however,   to   perceive   that   truth   and   philosophy  had  gained   some 


140  AN   HISTORICAL   RESEARCH. 

Colonel       ground  ;  the  suffrages  in  favor  of  the  measure  being  twice  as  nume- 

Laurens  to  r  a  ,  ,  ,  ,       , 

Washing-    rous  as  on  a  former  occasion,      borne  hopes  have  been  lately  given 
ton.  me  from  Georgia  ;  but  I  fear,  when  the  question  is  put,  we  shall  be 

outvoted   there  with   as   much  disparity  as  we  have  been  in  this 

country. 

"  I  earnestly  desire  to  be  where  any  active  plans  are  likely  to  be 
executed,  and  to  be  near  jour  Excellency  on  all  occasions  in  which 
my  services  can  be  acceptable.  The  pursuit  of  an  object  which,  I 
confess,  is  a  favorite  one  with  me,  because  I  always  regarded  the 
interests  of  this  country  and  those  of  the  Union  as  intimately  con- 
nected with  it,  has  detached  me  more  than  once  from  your  family ; 
but  those  sentiments  of  veneration  and  attachment  with  which  your 
Excellency  has  inspired  me,  keep  me  always  near  you,  with  the  sin- 
cerest  and  most  zealous  wishes  for  a  continuance  of  your  happiness 
and  glory."  —  Sparks's  Correspondence  of  the  American  Revolution, 
vol.  iii.  p.  506. 

The  last  letter  was  dated  June  12,  1782;  and  from  it  we 
learn  that  his  hope  of  accomplishing  something  in  this  way 
clung  to  him  to  the  last. 

"  The  approaching  session  of  the  Georgia  Legislature,  and  the 
encouragement  given  me  by  Governor  Howley,  who  has  a  decisive 
influence  in  the  counsels  of  that  country,  induce  me  to  remain  in  this 
quarter  for  the  purpose  of  taking  new  measures  on  the  subject  of  our 
black  levies.  The  arrival  of  Colonel  Baylor,  whose  seniority  entitles 
him  to  the  command  of  the  light  troops,  affords  me  ample  leisure  for 
pursuing  the  business  in  person  ;  and  I  shall  do  it  with  all  the  tenacity 
of  a  man  making  a  last  effort  on  so  interesting  an  occasion."  — 
Sparks's  Correspondence  of  the  American  Revolution,  vol.  iii.  p.  515. 

Washing-  Washington,  however,  seems  to  have  lost  all  faith  in  the 
Laurens? '  patriotism  of  the  men  who  continued  to  refuse  aid  to  their 
suffering  country  in  the  only  practicable  way  which  had  been 
suggested.  He  has  seldom  said  any  thing  so  severe  as  the 
following  words,  in  his  reply  to  the  first  of  the  above  let- 
ters :  — 

"  I  must  confess  that  I  am  not  at  all  astonished  at  the  failure  of 
your  plan.      That  spirit  of  freedom,  which,  at  the  commencement 


NEGROES   AS   SOLDIERS.  141 

of  this  contest,  would  have  gladly  sacrificed  every  thing  to  the  attain-  Washing- 
ment  of  its  object,  has  long  since  subsided,  and  every  selfish  passion  nci  Lau. 
has  taken  its  place.     It  is  not  the  public  but  private  interest  which  rens- 
influences  the  generality  of  mankind ;  nor  can  the  Americans  any 
longer  boast  an   exception.      Under   these   circumstances,   it  would 
rather  have  been  suprising  if  you  had  succeeded ;    nor  will  you,  I 
fear,  have   better  success  in  Georgia."  —  Sjiarks's  Washington,  vol. 
iii.  pp.  322,  323. 

The  friend  and  associate  of  Colonel  Laurens,  as  a  member  Colonel 
of  Washington's  family,  and  a  fellow-soldier  in  more  than  one  phreys. 
battle,  Colonel  David  Humphreys,  gave  the  sanction  of  his 
name  and  the  influence  of  his  popularity  to  the  raising  of 
colored  troops  in  Connecticut. 

"In  November,  1782,  he  was,  by  resolution  of  Congress,  commis- 
sioned as  a  Lieutenant-Colonel,  with  order  that  his  commission 
should  bear  date  from  the  23d  of  June,  1780,  when  he  received  his 
appointment  as  aid-de-camp  to  the  Commander-in-chief.  He  had, 
when  in  active  service,  given  the  sanction  of  his  name  and  influence 
in  the  establishment  of  a  company  of  colored  infantry,  attached  to 
Meigs',  afterwards  Butler's,  regiment,  in  the  Connecticut  line.  He 
continued  to  be  the  nominal  captain  of  that  company  until  the  estab- 
lishment of  peace."  —  Biographical  Sketch  in  "The  National  Por- 
trait Gallery  of  Distinguished  Americans." 

Lord  Dunmore's  efforts  to  secure  the  services  of  negroes,  LordDun- 
at  the  commencement  of  the  Revolutionary  War,  are  well 
known ;  his  proclamation,  and  the  action  of  the  Virginia  Con- 
vention upon  it,  having  been  published  at  the  time,  and  the 
matter  having  occasioned  much  comment  since.  By  the  cour- 
tesy of  Mr.  Bancroft,  who  has  kindly  put  into  my  hands  the 
unpublished  original  manuscript  of  the  following  letter  and 
"  sketch,"  and  also  a  copy  of  Lord  Dunmore's  private  letter 
to  Sir  Henry  Clinton  enclosing  them,  I  am  now  enabled  to 
present  the  views  of  his  Lordship  on  the  subject  seven  years 
later,  and  just  before  the  close  of  hostilities. 


142 


AN   HISTORICAL   RESEARCH. 


Proposal 
to  Lord 
Dunmore. 


TO   THE   RIGHT   HONORABLE   EARL   DUNMORE,    &C. 

"Charles  Town,  5th  January,  1782. 

"  My  Lord,  —  Since  I  had  the  honor  of  seeing  your  Lordship,  I 
have  revolved  in  my  mind  the  subject-matter  of  our  conversation ;  and 
the  more  I  think,  the  more  I  am  convinced  of  the  magnitude  and 
national  importance  of  the  object.  It  is  long  since  I  beheld  the  scheme 
in  the  most  favorable  point  of  view,  and  often  have  I  strenuously  re- 
commended it.  There  were,  at  the  time  the  thought  first  seriously 
made  an  impression  on  my  mind,  some  very  powerful  and  uncontrover- 
tible reasons ;  namely,  the  impossibility,  that  I  foresaw,  of  maintaining 
and  supporting  troops  from  Europe,  in  the  low  parts  of  this  country, 
during  the  sickly  season.  The  fall  months  have  caused  such  mortality 
in  1780  at  the  outposts,  that  no  country  on  earth,  at  such  a  distance, 
could  support  the  loss  of  men.  Another  reason  that  operated  on  my 
mind,  added  to  the  eagerness  I  observed  in  the  generality  of  the 
people  under  my  direction  to  have  arms  put  into  their  hands  on  the 
incursions  of  the  enemy,  even  while  we  had  troops  at  Camden,  prevent- 
ing the  negroes  from  being  of  any  service  to  Government  in  planting 
and  cultivating  the  land ;  what,  with  the  proofs  they  have  given,  on 
various  occasions,  of  spirit  and  enterprise,  left  me  no  room  to  doubt 
that  they  might  be  employed  to  the  utmost  advantage.  While  there 
was  a  ray  of  hope  left  for  believing  that  Lord  Cornwallis  had  made  his 
escape  with  a  small  part  of  his  army,  I  was  easy  and  happy,  convinced 
that  he  would  not  have  hesitated  a  moment  in  giving  freedom  to  men 
of  all  complexions  that  would  faithfully  serve  the  King,  and  assist  in 
crushing  a  most  infernal  rebellion.  And  I  cannot  help  thinking,  my 
Lord,  that  there  is  something  peculiarly  fortunate  in  your  Lordship's 
arrival  here  at  this  very  critical  moment ;  for  next  to  Lord  Cornwallis, 
who  has  the  advantage  of  military  rank  in  the  empire,  there  is  none  so 
able  to  form  and  execute  so  great  a  design,  nor  in  whom  the  King's 
friends  have  equal  confidence  as  in  your  Lordslup.  Unless  some  vigor- 
ous step  is  taken,  I  humbly  think  it  is  more  than  probable  that  the 
nation  at  large  will  insist  on  this  American  War  being  relinquished. 
What  can  Administration  say,  what  can  they  promise  themselves  or  the 
nation,  by  a  prosecution  of  the  war  in  such  hands  ?  Nothing  but  ulti- 
mate ruin. 

"_  If,  my  Lord,  this  scheme  is  adopted,  arranged,  and  ready  for  being 
put  in  execution,  the  moment  the  troops  penetrate  into  the  country 
after  the  arrival  of  the  promised  re-enforcements,  America  is  to  be 


NEGROES   AS   SOLDIERS.  143 

conquered  with  its  own  force  (I  mean  the  Provincial  troops  and  the  Proposal 
black  troops  to  be  raised),  and  the  British  and  Hessian  army  could  be  Diinnaore. 
spared  to  attack  the  French  where  they  are  most  vulnerable.  The 
nation  would,  by  that  means,  be  relieved  from  an  amazing  burthen,  — 
that  of  supporting  the  army  at  New  York,  —  what  has  been  a  sink  of 
treasure,  and  a  bed  of  voluptuousness  and  dissipation.  I  say,  my  Lord, 
if  the  British  and  Hessian  troops  were  ordered  to  leave  the  country, 
only  sending  force  sufficient  to  garrison  Rhode  Island,  that  your  Lord- 
ship and  my  friend  Gov.  Martin,  with  the  Provincial  troops,  the  King's 
friends,  and  the  new  levies,  would  soon  possess  the  three  Southern 
provinces,  in  spite  of  all  the  force  the  rebels  could  assemble.  'T  is 
notorious  that  more  than  two-thirds  of  North  Carolina  have  expressed 
an  eager  desire  for  the  re-establishment  of  British  government.  They 
have  given  striking  proofs  of  zeal,  spirit,  and  enterprise ;  and  under 
the  direction  of  those  they  love,  and  who  would  reward  their  merit, 
rebellion  would  soon  cease  to  exist  on  the  south  side  of  James  River. 
Pardon  me,  my  Lord,  for  this  tedious  digression.  Such  a  variety 
of  new  matter  crowds  upon  me,  that  I  could  not  help  giving  my 
thoughts  a  place. 

"  It  may,  and  I  dare  say  will,  be  said  by  Opposition,  '  What !  arm 
the  slaves  ?  We  shudder  at  the  very  idea,  so  repugnant  to  humanity, 
so  barbarous  and  shocking  to  human  nature,'  &c.  One  very  simple 
answer  is,  in  my  mind,  to  be  given  :  Whether  is  it  better  to  make  this 
vast  continent  become  an  acquisition  of  power,  strength,  and  conse- 
quence to  Great  Britain  again,  or  tamely  give  it  up  to  France,  who 
will  reap  the  fruits  of  American  Independence,  to  the  utter  ruin  of 
Britain  ?  It  may  be  said,  '  How  can  you  do  such  an  injury  to  your 
friends?'  In  the  first  place,  our  friends  in  tins  province  are  not 
numerous  whose  property  consists  in  slaves.  The  friends  of  Britain  in 
the  Southern  provinces,  in  general,  are  the  merchants ;  and  they  have 
little  property  in  slaves.  And,  in  the  second  place,  I  deny  that  we 
injure  our  friends  by  giving  freedom  to  those  slaves  that  are  proper  for 
soldiers.  'T  is  only  changing  one  master  for  another ;  and  let  it  be 
clearly  understood  that  they  are  to  serve  the  King  for  ever,  and  that 
those  slaves  who  are  not  taken  for  his  Majesty's  service  are  to  remain 
on  the  plantation,  and  perform,  as  usual,  the  labor  of  the  field ;  and,  so 
far  from  ruining  the  property,  I  do  aver,  and  experience  will,  I  doubt 
not,  justify  the  assertion,  that,  by  embodying  the  most  hardy,  intrepid, 
and  determined  blacks,  they  would  not  only  keep  the  rest  in  good  order, 
but,  by  being  disciplined  and  under  command,  be  prevented  from  rais- 


144 


AN   HISTORICAL   RESEARCH. 


Proposal 
to  Lord 
Dunmore. 


ing  cabals,  tumults,  and  even  rebellion,  what  I  think  might  be  expected 
soon  after  a  peace  ;  but  so  far  from  making  even  our  lukewarm  friends 
and  secret  foes  greater  enemies  by  this  measure,  I  will,  by  taking  their 
slaves,  engage  to  make  them  better  friends.  This,  my  Lord,  may  appear 
enigmatical ;  but  your  Lordship's  experience  of  mankind  in  general, 
and  of  the  people  in.  this  country  in  particular,  will  do  justice  to  my 
opinion,  that  if  the  nation  had,  instead  of  lavishing  her  treasure,  and 
opening  a  very  wide  door  for  her  servants  to  heap  up  wealth  at  her 
expense,  and  feeding  and  supporting,  by  her  gold  that  circulates  in  the 
country,  that  very  rebellion  she  wished  to  crush ;  I  say,  my  Lord,  that 
[had]  she,  instead  of  paying  money  for  all  necessaries  purchased  for 
the  use  of  the  army,  granted  receipts,  bearing  interest  so  long  as  the 
holders  remained  loyal,  and  a  promise  to  pay  the  principal  at  the  ex- 
piration of  the  rebellion,  —  our  affairs  would  have  been  in  a  very 
different  situation  to-day. 

"  I  have,  my  Lord,  done  myself  the  honor  to  enclose  a  sketch  of  a 
plan  for  embodying  ten  thousand  men ;  and  I  would  beg  leave  to  sug- 
gest to  your  Lordship  the  propriety  of  laying  your  plan  before  Col. 
Moncrief,  and  offering  him  a  brigade,  with  your  Lordship's  interest  to 
secure  him  the  rank  of  brigadier-general.  I  can  assure  you  of  a  cer- 
tainty, that  it  will  be  by  much  the  best  channel  in  which  it  can  be 
placed ;  and  I  would  humbly  recommend  to  your  Lordship  to  make  it 
known  only  to  Moncrief,  who,  with  yourself,  is  fully  equal  to  set  it  on 
its  legs.  I  am  afraid,  my  Lord,  that  I  have  wearied  your  patience.  My 
motives  I  beg  you  may  believe  to  be  most  pure ;  and  I  have  the  honor 
to  be,  my  Lord,  your  Lordship's  most  obedient  and  most  humble  ser- 
vant, "J.  Crudes." 


"Charles  Town,  oth  January,  1782. 

Sketch  of         "  In  the  Province  of  South  Carolina,  ten  thousand  Black  Troops 

armfn'/the  ma-J  De  ra'se^>  inured  to  fatigue  and  to  the  climate,  without  impoverish- 

negroes.      ing  the  plantations  so  much  that  they  might  not  be  able  to  produce 

crops  equal  to  the  maintenance  and  support,  not  only  of  the  women  and 

children  that  are  left  on  the  estates,  but  also  sufficient  to  feed,  clothe, 

and  pay  the  Black  Troops. 

"  When  these  men  are  raised,  there  can  be  no  doubt,  that,  with  the 
force  here,  they  will  be  able  to  drive  the  enemy  from  the  Province,  and 
open  a  large  door  for  our  friends  from  North  Carolina  to  join  us,  till 
such  time  as  it  may  be  policy,  and  we  may  have  a  sufficient  command 
of  the  sea,  to  enter  Virginia. 


NEGROES    AS   SOLDIERS.  145 

"  When  the  country  is  again  in  our  possession,  with  proper  and  Sketch  of 
effectual  support,  I  will  engage  to  maintain  and  clothe  those  Black  am^ng  "lie 
Troops  from  the  estates  of  the  enemy ;  and  I  will  also  engage  to  pay  neg">es. 
the  interest  of  the  receipts  granted  to  our  friends,  at  the  rate  of  eight 
per  cent.    And,  to  convince  the  world  that  we  never  adopt  any  measure 
at  the  expense  of  individuals,  let  three  or  more  gentlemen  of  the  coun- 
try—  men  of  honor  and  probity  —  be  appointed  to  value  the  negroes 
that  belong  to  our  friends,  and  at  the  rate  they  would  have  sold  for  in 
1773,  and  Government  to  be  accountable  for  the  amount  at  the  expira- 
tion of  the  war,  paying  interest  at  the  customary  rate,  so  long  as  the 
parties  concerned  maintained  their  allegiance. 

"  That,  for  all  negroes,  the  property  of  the  enemy,  the  adjutant- 
general  to  grant  receipts  to  the  commissioner  of  sequestered  estates, 
and  returns  made  to  him  when  they  are  killed,  or  lost  to  the  service, 
that  others  may  be  furnished  to  supply  their  place. 

"  It  is  impossible  to  conceive  or  think  what  the  effects  of  such  a 
measure  would  be.  Striking  at  the  root  of  all  property,  and  making 
the  wealth  and  riches  of  the  enemy  the  means  of  bringing  them  to 
obedience,  must  bring  the  most  violent  to  their  senses.  Such  a  wonder- 
ful change  may  it  work,  that  I  would  not  be  surprised,  that  those  now 
most  violent  against  us  would  be  foremost  in  an  application  for  peace 
on  our  own  terms. 

"  Property,  all  the  -world  over,  is  dear  to  mankind ;  and  in  this  coun- 
try they  are  as  much  wedded  to  it  as  in  any  other  ;  and,  in  the  Southern 
Provinces,  men  are  great  in  proportion  to  the  number  of  their  slaves. 

"  I  should  think  that  one  major-general,  two  brigadier-generals,  six 
lieutenant-colonels  commandant,  twelve  majors  and  twelve  adjutants, 
ninety-six  captains,  one  hundred  and  ninety-two  lieutenants,  with  quar- 
termasters, &c,  &c,  &c,  would  be  equal  to  discipline  and  command  ten 
thousand  men. 

"J.  Cruden." 


EARL   OF   DUNMORE   TO   SIR   HENRY   CLINTON. 

"Charles  Town,  Feb.  2,  1782. 
"Sir,  —  I  was  in  hopes  of  having  the  pleasure  of  delivering  the  Lord  Dun- 
enclosed  letters  in  person,  but  the  fleet  in  which  I  came  out  not  pro-  ™oreto  Slr 
ceeding  to  New  York,  being  advised,  and  thinking  it  unsafe  to  hazard  a  Clinton. 
further  voyage  to  the  northward,  at  this  season  of  the  year,  with  so 
large  a  fleet. 

19 


146  AN   HISTORICAL    RESEARCH. 

Lord  Dun-  "  I  should  have  sent  you  these  letters  by  the  '  Rotterdam,'  had  I 
Henrv  ''  known  she  meant  to  go  to  New  York,  as  I  do  not  know  but  they  may 
Cimton.  be  0f  importance.  By  one  of  them,  your  Excellency  will  see  that  bis 
Majesty  wished  I  would  return  to  this  country ;  we  then  thinking  that 
we  should  have  found  our  affairs  in  Virginia  in  a  very  different  state 
from  what  they  really  are  ;  and  for  which,  in  my  humble  opinion,  there 
is  now  no  remedy  left,  without  adopting  the  following  plan,  or  some- 
thing similar  to  it,  which  I  humbly  submit  to  your  serious  consideration. 

"  I  arrived  here  the  21st  of  December ;  and,  having  no  employment, 
I  made  it  my  business  to  converse  with  every  one  that  I  thought  capa- 
ble of  giving  me  any  good  information  of  the  real  situation  of  this 
country:  and  every  one  that  I  have  conversed  with  think,  and,  I  must 
own,  my  own  sentiments  perfectly  coincide  with  theirs,  that  the  most 
efficacious,  expeditious,  cheapest,  and  certain  means  of  reducing  tin's 
country  to  a  proper  sense  of  their  duty  is  in  employing  the  blacks,  who 
are,  in  my  opinion,  not  only  better  fitted  for  service  in  this  warm  cli- 
mate than  white  men,  but  they  are  also  better  guides,  may  be  got  on 
much  easier  terms,  and  are  perfectly  attached  to  our  sovereign.  And, 
by  employing  them,  you  cannot  devise  a  means  more  effectual  to  dis- 
tress your  foes,  not  only  by  depriving  them  of  their  property,  but  by 
depriving  them  of  their  labor.  You  in  reality  deprive  them  of  their 
existence  ;  for,  without  their  labor,  they  cannot  subsist :  and,  from  my 
own  knowledge  of  them,  I  am  sure  they  are  as  soon  disciplined  as  any 
set  of  raw  men  that  I  know  of. 

"  From  my  perfect  belief  of  the  above  facts,  I  do  most  earnestly 
wish  your  Excellency  would  adopt  the  measure  on  some  such  footing  as 
is  here  enclosed ;  and,  as  the  strongest  proof  of  my  good  opinion  of  the 
measure,  I  am  most  willing,  provided  you  approve,  and  have  no  other 
person  you  may  think  better  qualified  to  put  it  in  execution,  to  hazard 
my  reputation  and  person  in  the  execution  of  it. 

"  What  I  would  further  propose  is,  that  the  officers  of  the  Provin- 
cials, who  are  swarming  in  the  streets  here,  perfectly  idle,  should  be 
employed  to  command  these  men,  with  the  rank  they  now  have. 

"  I  would  also  propose,  at  first,  to  raise  only  ten  thousand  Blacks,  to 
give  them  white  officers  and  non-commissioned  officers,  but  to  fill  up  the 
vacancies  of  the  non-commissioned  officers  now  and  then  with  black 
people,  as  their  services  should  entitle  them  to  it. 

"  In  order  to  induce  the  negroes  to  enlist,  I  would  propose  to  give 
each  black  man  one  guinea  and  a  crown,  with  a  promise  of  freedom  to 
all  that  should  serve  during  the  continuance  of  the  war ;  and,  that  they 


NEGROES   AS   SOLDIERS.  147 

may  be  fully  satisfied  that  this  promise  will  be  held  inviolate,  it  must  be  Lord  Dan- 
given  by  the  officer  appointed  to  command  them,  he  being  empowered  Henry 
so  to  do,  in  the  most  ample  manner,  by  your  Excellency.     As  there  Clinton, 
will  no  doubt  be  a  great  many  men  come  in  that  will  be  unfit  for  mili- 
tary service,  I  would  propose  employing  them,  with  the  women  and 
children,  under  proper  managers,  to  cultivate  any  lands  in  our  posses- 
sion ;  and  I  doubt  not,  with  proper  management,  to  raise  sufficient  food 
for  the  maintenance  of  the  black  troops  at  least,  and  perhaps  enough  to 
dispose  of  that  would  both  pay  and  clothe  the  whole.     But  should  this 
plan  fail,  contrary  to  my  most  sanguine  wish   and  real  opinion,   the 
expense  will  be  so  trifling  in  trying  the  experiment,  that  it  can  never 
be  thought  an  object  of  the  smallest  consideration. 

"In  order  to  obviate  the  only  objection  that  I  see  to  this  plan 
(namely,  that  of  employing  slaves,  the  property  of  a  few  friends  that 
are  with  us  here),  I  would  propose  that  they  should  be  valued  by  three 
gentlemen  of  known  skill  and  probity,  and  that  a  receipt  should  be 
given  them  for  the  value  of  such  slaves ;  paying  them  six  per  cent, 
interest  upon  it  till  the  expiration  of  the  war,  or  so  long  as  the  holders' 
allegiance  lasted :  and,  if  that  continues  to  the  expiration  of  the  war, 
pay  them  the  principal.  And,  indeed,  I  would  propose  that  no  money 
should  in  future  be  given  for  any  thing  taken  from  the  inhabitants  for 
the  use  of  the  troops,  but  receipts  granted  on  the  same  terms. 

"  Should  this  plan  in  general  meet  with  your  Excellency's  approba- 
tion, there  are  many  more  ideas  relative  to  it  that  I  will  take  another 
opportunity  of  communicating  to  you. 

"  I  have  wrote  fully  to  Lord  George  Germain  on  this  subject,  and 
have  sent  him  a  copy  of  this  letter ;  but  I  hope,  before  we  can  hear 
from  home,  you  will  have  had  the  credit  of  adopting  the  plan." 

(Extract.) 
EARL   OF   DUNMORE   TO   SECRETARY  LORD   GEORGE   GERMAIN. 
"  Charles  Town,  S.  C,  Feb.  5,  1782. 
.  .  .  .  "  Enclosed  I  send  your  Lordship  a  copy  of  a  letter  I  have  Lord  Dan- 
wrote  to  Sir  Henry  Clinton,  for  employing  Negroes  in  this  country."      ™°rrj   ° 

George 
(Extract)  Germain. 

EARL   OF   DUNMORE   TO   SECRETARY   LORD   GEORGE   GERMAIN. 
"Charles  Town,  S.  C,  March  30,  1782. 
"  Since  writing  to  your  Lordship  of  the  5th  of  February,  there  has 
been  a  motion  made  in  the  Rebel  Assembly  of  this  Province  tor  raising 


148  AN    HISTORICAL   RESEARCH. 

a  brigade  of  negroes,  which  was  only  negatived  by  a  very  few  voices, 
and  it  'a  supposed  will  be  re-assumed  and  carried  on  a  future  day ;  and 
we,  by  neglecting  to  make  a  proper  use  of  those  people,  who  are  much 
attached  to  us,  shall  have  them,  in  a  short  time,  employed  against  us. 
They  are  now  carrying  them  up  the  country  as  fast  as  they  can  find 
them. 

"As  soon  as  this  is  closed,  I  shall  set  off  for  New  York  in  the 
'  Carysfort.' " 

General  One  of  the  ablest,  most  experienced,  and  most  successful 

of  the  American  generals,  second  only,  in  the  estimation  of 
many,  to  the  Commander-in-chief, — General  Nathaniel  Greene, 
—  in  a  letter  to  Washington,  dated  on  the  21th  of  January, 
1782,  says:  — 

"  I  have  recommended  to  tliis  State  to  raise  some  black  regiments. 
To  fill  up  the  regiments  with  whites  is  impracticable,  and  to  get  re- 
enforcements  from  the  northwards  precarious,  and  at  least  difficult,  from 
the  prejudices  respecting  the  chmate.  Some  are  for  it;  but  the  far 
greater  part  of  the  people  are  opposed  to  it."  —  Sparks's  Correspon- 
dence of  the  American  Revolution,  vol.  iii.  p.  467. 

The  letter  of  General  Greene  to  Governor  Rutledge,  of 
South  Carolina,  is  printed  below.  The  opinion  of  such  an 
officer,  formed  after  the  experiment  of  employing  Negro 
soldiers  at  the  North  had  been  fully  tried,  and  after  a  resi- 
dence in  the  Southern  States  had  enabled  him  to  consider 
the  subject  with  the  advantage  of  an  "  acquaintance  with  the 
habits,  character,  and  feelings  of  that  class  of  people,"  is  of 
the  highest  importance. 

"  The  natural  strength  of  the  country,  in  point  of  numbers,  appears 
to  me  to  consist  much  more  in  the  blacks  than  in  the  whites.  Could 
they  be  incorporated,  and  employed  for  its  defence,  it  would  afford  you 
double  security.  That  they  would  make  good  soldiers,  I  have  not  the 
least  doubt ;  and  I  am  persuaded  the  State  has  it  not  in  its  power  to 
give  sufficient  re-enforcements,  without  incorporating  them,  either  to  se- 
cure the  country,  if  the  enemy  mean  to  act  vigorously  upon  an  offensive 
plan,  or  furnish  a  force  sufficient  to  dispossess  them  of  Charleston, 
should  it  be  defensive. 


NEGROES   AS   SOLDIERS.  149 

"  Tie  number  of  whites  in  this  State  is  too  small,  and  the  state  of  General 
your  finances  too  low,  to  attempt  to  raise  a  force  in  any  other  way. 
Should  the  measure  be  adopted,  it  may  prove  a  good  means  of  pre- 
venting the  enemy  from  further  attempts  upon  this  country,  wheu  they 
find  they  have  not  only  the  whites,  but  the  blacks  also,  to  contend  with. 
And  I  believe  it  is  generally  agreed,  that,  if  the  natural  strength  of 
this  country  could  have  been  employed  in  its  defence,  the  enemy  would 
have  found  it  little  less  than  impracticable  to  have  got  footing  here, 
much  more  to  have  overrun  the  country,  by  which  the  inhabitants  have 
Buffered  infinitely  greater  loss  than  would  have  been  sufficient  to  have 
given  you  perfect  security  ;  and,  I  am  persuaded,  the  incorporation  of 
a  part  of  the  negroes  would  rather  tend  to  secure  the  fidelity  of  others, 
than  excite  discontent,  mutiny,  and  desertion  among  them.  The  force  I 
would  ask  for  this  purpose,  in  addition  to  what  we  have,  and  what  may 
probably  join  us  from  the  Northward  or  from  the  militia  of  this  State, 
would  be  four  regiments,  —  two  upon  the  Continental,  and  two  upon 
the  State,  establishment ;  a  corps  of  pioneers  and  a  corps  of  artificers, 
each  to  consist  of  about  eighty  men.  The  two  last  may  be  either  on  a 
temporary  or  permanent  establishment,  as  may  be  most  agreeable  to 
the  State.  The  others  should  have  their  freedom,  and  be  clothed  and 
treated,  in  all  respects,  as  other  soldiers  ;  without  which  they  will  be 
unfit  for  the  duties  expected  from  them."  —  Johnson's  Life  of  Greene, 
vol.  ii.  p.  274. 

The  author  of  "  Sketches  of  the  Life  and  Correspondence 
of  General  Greene,"  himself  a  Southerner  and  a  resident  of 
Charleston,  thus  comments  on  the  proposal  to  employ  the 
negroes  as  soldiers:  — 

"  Those  who  can  enter  into  the  feelings  and  opinions  of  the  citizens  juave 

of  those  States  which  tolerate  slavery  will  be  not  a  little  startled  at  the  Jobnson 

J  on  negro 

proposition  submitted  to  the  Governor  and  Council  in  this  letter.  A  soldiers, 
strong,  deep-seated  feeling,  nurtured  from  earliest  infancy,  decides,  with 
instinctive  promptness,  against  a  measure  of  so  threatening  an  aspect, 
and  so  offensive  to  that  republican  pride,  which  disdains  to  commit  the 
defence  of  the  country  to  servile  hands,  or  share  with  a  color  to  which 
the  idea  of  inferiority  is  inseparably  connected  the  profession  of  arms, 
and  that  approximation  of  condition  which  must  exist  between  the 
regular  soldier  and  the  militia-nian. 

"  But  the  Governor  and  Council  viewed  the  subject  under  the  influ- 


150  AN  HISTORICAL   RESEARCH. 

,Iud<;e  ence  of  less  feeling.  It  seems  the  proposition  had  formerly  been  under 
on  neTo  consideration  in  the  State  Legislature ;  and,  as  the  meeting  of  that 
soldiers.       board  was  now  at  hand,  it  was  resolved  to  submit  it  to  their  decision. 

"  There  is  a  sovereign,  who,  at  this  time,  draws  his  soldiery  from  the 
same  class  of  people  ;  and  finds  a  facility  in  forming  and  disciplining  an 
army,  which  no  other  power  enjoys.  Nor  does  his  immense  military 
force,  formed  from  that  class  of  his  subjects,  excite  the  least  apprehen- 
sions ;  for  the  soldier's  will  is  subdued  to  that  of  his  officer,  and  Ins  im- 
proved condition  takes  away  the  habit  of  identifying  himself  with  the 
class  from  which  he  has  been  separated.  Military  men  know  what 
mere  machines  men  become  under  discipline,  and  believe  that  any  men, 
who  may  be  made  obedient,  may  be  made  soldiers  ;  and  that  increasing 
their  numbers  increases  the  means  of  their  own  subjection  and  govern- 
ment. 

"  It  is  now  probable  that  the  idea  of  forming  a  military  force  by  a 
draught  from  the  slaves  had  been  suggested  to  Gen.  Greene  by  a  recent 
acquaintance  with  the  habits,  character,  and  feelings  of  that  class  of 
people.  It  could  not  escape  his  eye,  that  there  was  no  sense  of  hos- 
tility existing  between  the  master  and  slave,  but  rather  something  of 
the  clannish,  or  patriarchal,  feelings  known  to  exist  between  the  inhabit- 
ants of  a  village  and  their  chief.  He  had  remarked  the  joy  expressed 
by  the  slaves  on  their  deliverance  from  the  tyranny  of  the  enemy,  and 
the  return  of  a  protector  in  the  person  of  their  master ;  and  it  was 
obvious,  that  if  the  State  could  give  a  slave  for  the  services  of  a  man 
as  a  soldier  for  ten  months,  as  had  been  the  case  in  raising  some  of  its 
troops,  it  would  be  great  gain  to  convert  the  same  slave  into  a  soldier 
for  the  war,  to  be  paid  only  by  his  freedom,  after  having  served  with 
fidelity.  But  the  Legislature,  when  it  met,  thought  the  experiment  a 
dangerous  one ;  and  the  project  was  relinquished.  They  adopted,  how- 
ever, the  alternative  of  raising  soldiers  on  the  black  population  by 
giving  a  slave  for  a  soldier.  Parties  were  sent  to  collect  slaves  from 
the  plantations  of  the  loyalists,  and  rendezvous  established  in  vain  in 
various  places  in  the  interior  country."  —  Johnson's  Life  of  Greene, 
vol.  ii.  pp.  274,  275. 

Propositions  for  peace  were  introduced  in  the  British 
Parliament,  and  preliminary  steps  were  taken  towards  the 
cessation  of  hostilities,  before  the  letters  from  Lord  Dunmore 
reached  the  Secretary,  Lord  George  Germain.  But  these 
letters,  and  those  written  by  Colonel  Laurens  and  Genera] 


NEGROES   AS   SOLDIERS.  151 

Greene  in  the  last  months  of  the  Revolutionary  War,  are  of 
historical  importance.  They  contain  the  mature  opinions  and 
the  deliberate  decision  of  the  highest  British  and  American 
military  authorities,  in  unequivocal  support  of  the  policy  of 
arming  the  negro  slaves,  and  employing  them  as  soldiers. 

The  following  letter,  addressed  to  Brigadier-General  Bufus 
Putnam,  and  afterwards  printed,  from  his  papers,  at  Marietta, 
Ohio,  shows  the  tender  care  which  the  Commander-in-chief 
had  for  the  rights  of  the  negro  soldiers  in  the  army  :  — 

"Head  Quarters,  Feb.  2,  1783. 

"  Sir,  —  Mr.  Hobby  having  claimed  as  his  property  a  negro  man  Washing- 
•     ii      t»i-  i  t-»  -n     i  i  ton'sregard 

now  serving  in  the  Massachusetts  Kegiment,  you  will  jilease  to  order  a  f0r  the 

court  of  inquhy,  consisting  of  five  as  respectable  officers  as  can  be  nfj** 
found  in  your  brigade,  to  examine  the  validity  of  the  claim,  the  manner  soldiers. 
in  which  the  person  in  question  came  into  service,  and  the  propriety  of 
his  being  discharged  or  retained  in  service.  Having  inquired  into  the 
matter,  with  all  the  attending  circumstances,  they  will  report  to  you 
their  opinion  thereon;  which  you  will  report  to  me  as  soon  as  conven- 
iently may  be. 

"  I  am,  Sir,  with  great  respect, 

"  Your  most  obedient  servant, 

"  G.  Washington. 
"P.S.  —  All  concerned  should  be  notified  to  attend. 
"  Brig. -Gen.  Putnam." 

Luther  Martin,  it  will  be  remembered,  in  his  address  to 
the  Legislature  of  Maryland  on  the  Federal  Constitution, 
deplored  the  growing  laxity  of  public  sentiment  on  the  sub- 
ject of  slavery.  "  When  our  liberties  were  at  stake,"  he  said, 
"  we  warmly  felt  for  the  common  rights  of  men.  The  danger 
being  thought  to  be  past  which  threatened  ourselves,  we  are 
daily  growing  more  insensible  to  those  rights."  A  sad  illus- 
tration of  the  truth  of  this  declaration  was  found  in  the 
conduct  of  some  of  the  slaveholders,  who,  having  sent  their 
negroes  to  the  army  with  the  promise  of  personal  liberty,  at 
the  close  of  the  war  attempted  to  re-enslave  them. 

To  the  honor  of  Virginia,  —  who  could  then  claim  Wash- 


152  AN   HISTORICAL    RESEARCH. 

ington  and  Jefferson  and  Madison  among  her  living  patriots, 
—  this  wrong  to  the  negro  soldiers  was  not  overlooked,  nor 
permitted  to  continue.  The  General  Assembly  of  that  State, 
in  1783,  enacted  the  following  law:  — 

"An  Act  directing  the  Emancipation  of  certain  Slaves  who  have  served 
as  Soldiers  in  this  State,  and  for  the  Emancipation  of  the  Slave 
Aberdeen. 

Ne^ro  "  I.    Whereas   it  hath  been   represented  to  the   present  General 

emn'nd-  Assembly,  that,  during  the  course  of  the  war,  many  persons  in  this 
pated.  State  had  caused  their  slaves  to  enlist  in  certain  regiments  or  corps 
raised  within  the  same,  having  tendered  such  slaves  to  the  officers 
appointed  to  recruit  forces  within  the  State,  as  substitutes  for  free 
persons  whose  lot  or  duty  it  was  to  serve  in  such  regiments  or  corps, 
at  the  same  time  representing  to  such  recruiting  officers  that  the  slaves, 
so  enlisted  by  their  direction  and  concurrence,  were  freemen ;  and  it 
appearing  further  to  this  Assembly,  that  on  the  expiration  of  the  term 
of  enlistment  of  such  slaves,  that  the  former  owners  have  attempted 
again  to  force  them  to  return  to  a  state  of  servitude,  contrary  to  the 
principles  of  justice,  and  to  their  own  solemn  promise ; 

"  II.  And  whereas  it  appears  just  and  reasonable,  that  all  persons 
enlisted  as  aforesaid,  who  have  faithfully  served  agreeable  to  the  terms 
of  their  enlistment,  and  have  thereby  of  course  contributed  towards 
the  establishment  of  American  liberty  and  independence,  should  en- 
joy the  blessings  of  freedom  as  a  reward  for  their  toils  and  labors ; 

"Be  it  therefore  enacted,  That  each  and  every  slave  who,  by  the 
appointment  and  direction  of  his  owner,  hath  enlisted  in  any  regiment 
or  corps  raised  within  this  State,  either  on  Continental  or  State  estab- 
lishment, and  hath  been  received  as  a  substitute  for  any  free  person 
whose  duty  or  lot  it  was  to  serve  in  such  regiment  or  corps,  and  hath 
served  faithfully  during  the  term  of  such  enlistment,  or  hath  been  dis- 
charged from  such  service  by  some  officer  duly  authorized  to  grant 
such  discharge,  shall,  from  and  after  the  passing  of  this  act,  be  fully 
and  completely  emancipated,  and  shall  be  held  and  deemed  free,  in  as 
full  and  ample  a  manner  as  if  each  and  every  of  them  were  specially 
named  in  this  act ;  and  the  Attorney-general  for  the  Commonwealth  is 
hereby  required  to  commence  an  action,  in  forma  pauperis,  in  behalf 
of  any  of  the  persons  above  described  who  shall,  after  the  passing  of 
this  act,  be  detained  in  servitude  by  any  person  whatsoever ;  and  if, 
upon  such  prosecution,  it  shall  appear  that  the  pauper  is  entitled  to  his 


NEGROES   AS   SOLDIERS.  153 

freedom  in  consequence  of  this  act,  a  jury  shall  be  empanelled  to  assess  Negro 
the  damages  for  his  detention.  ema'nci- 

"  III.  And  whereas  it  has  been  represented  to  this  General  Assem-  Pa'ed. 
bly,  that  Aberdeen,  a  negro  man  slave,  hath  labored  a  number  of  years 
in  the  public  service  at  the  lead  mines,  and  for  his  meritorious  services 
is  entitled  to  freedom ;  Be  it  therefore  enacted,  That  the  said  slave 
Aberdeen  shall  be,  and  he  is  hereby,  emancipated  and  declared  free 
in  as  full  and  ample  a  manner  as  if  he  had  been  born  free."  —  Hening's 
Statutes  at  Large  of  Virginia,  vol.  xi.  pp.  308,  309. 

Three  years  after  the  close  of  the  war,  in  October,  1786, 
the  following  special  act  was  passed,  by  the  General  Assembly 
of  Virginia,  for  the  liberation  of  a  faithful  slave  who  had  ren- 
dered valuable  service  to  General  Lafayette :  — 

"An   Act   to    emancipate    James,   a    Negro    Slave,   the   property   of 
William  Armistead,   Gentleman. 

"  I.    Whereas   it  is   represented  that  James,  a  negro   slave,  the  A  slave's 
property  of  William  Armistead,  gentleman,  of  the  county  of  New  Kent,  Lafayette 
did.  with  the  permission  of  his  master,  in  the  year  one  thousand  seven  aJj^n? Y1" 
hundred   and   eighty-one,  enter  into  the  service  of  the   Marquis  la  Virginia. 
Fayette,  and  at  the  peril  of  his  life  found  means  to  frequent  the  British 
camp,  and  thereby  faithfully  executed  important  commissions  entrusted 
to  him  by  the  Marquis ;  and  the  said  James  hath  made  application  to 
this  Assembly  to  set  him  free,  and  to  make  his  said  master  adequate 
compensation  for  his  value,  which  it  is  judged  reasonable  and  right  to 
do; 

"  II.  Be  it  therefore  enacted.  That  the  said  James  shall,  from  and 
after  the  passing  of  this  act,  enjoy  as  full  freedom  as  if  he  had  been 
born  free ;  any  law  to  the  contrary  thereof  notwithstanding. 

"  HI.  And  be  it  further  enacted,  That  the  Executive  shall,  as  soon 
as  may  be,  appoint  a  proper  person,  and  the  said  William  Armistead 
another,  who  shall  ascertain  and  fix  the  value  of  the  said  James,  and  to 
certify  such  valuation  to  the  Auditor  of  Accounts,  who  shall  issue  his 
warrant  to  the  Treasurer  for  the  same,  to  be  paid  out  of  the  general 
fund. "  —  Hening's  Statutes  at  Large  of  Virginia,  vol.  xii.  pp.  380, 
381. 

With  two  or  three  later  authoritative  testimonies,  showing 
that  it  was  a  general  practice  among  the  Founders  of  the 

20 


154  AN   HISTORICAL    RESEARCH. 

t 

Republic  to  employ  negroes,  both  slaves  and  freemen, -as 
soldiers  regularly  enrolled  in  the  army,  I  bring  to  a  close  this 
paper,  which  has  already  much  exceeded  the  limits  of  my 
original  plan. 

The  Hon.  William  Eustis,  who  served  throughout  the  war 
of  the  Revolution  as  a  surgeon,  and  was  afterwards  Governor 
of  Massachusetts,  in  a  speech  in  the  United-States  House  of 
Representatives,  December  12,  1820,  said:  — 

William  "At  the  commencement  of  the  Revolutionary  War,  there  were  found, 

Eustis.  jn  tjie  jxjjdig  an(j  Northern  States,  many  blacks,  and  other  people  of 
color,  capable  of  bearing  arms  ;  a  part  of  them  free,  the  greater  part 
slaves.  The  freemen  entered  our  ranks  with  the  whites.  The  time  of 
those  who  were  slaves  was  purchased  by  the  States  ;  and  they  were 
induced  to  enter  the  service  in  consequence  of  a  law,  by  which,  on  con- 
dition of  their  serving  in  the  ranks  during  the  war,  they  were  made 
freemen.  In  Rhode  Island,  where  their  numbers  were  more  considera- 
ble, they  were  formed,  under  the  same  considerations,  into  a  regiment 
commanded  by  white  officers ;  and  it  is  required,  in  justice  to  them,  to 
add,  that  they  discharged  their  duty  with  zeal  and  fidelity.  The  gal- 
lant defence  of  Red  Bank,  in  which  this  black  regiment  bore  a  part,  is 
among  the  proofs  of  their  valor. 

"Among  the  traits  which  distinguished  this  regiment  was  their  devo- 
tion to  their  officers :  when  their  brave  Col.  Greene  was  afterwards  cut 
down  and  mortally  wounded,  the  sabres  of  the  enemy  reached  his  body 
only  through  the  limbs  of  his  faithful  guard  of  blacks,  who  hovered 
over  him  and  protected  him,  every  one  of  whom  was  killed,  and  whom 
he  was  not  ashamed  to  call  his  children.  The  services  of  this  descrip- 
tion of  men  in  the  navy  are  also  well  known.  I  should  not  have  men- 
tioned either,  but  for  the  information  of  the  gentleman  from  Delaware, 
whom  I  understood  to  say  that  he  did  not  know  that  they  had  served 
in  any  considerable  numbers. 

"  The  war  over,  and  peace  restored,  these  men  returned  to  their 
respective  States  ;  and  who  could  have  said  to  them,  on  their  return  to 
civil  life,  after  having  shed  their  blood  in  common  with  the  whites  in 
the  defence  of  the  liberties  of  the  country,  '  You  are  not  to  participate 
in  the  rights  secured  by  the  struggle,  or  in  the  liberty  for  which  you 
have  been  fighting  '  ?  Certainly  no  white  man  in  Massachusetts."  — 
Annals  of  Congress.     Sixteenth  Congress,  Second  Session,  p.  G3G. 


NEGROES   AS   SOLDIERS.  155 

The  Hon.  Charles  Pinckney,  of  South  Carolina,  in  a  pre- 
vious part  of  the  same  debate,  said :  — 

..."  It  is  a  most  remarkable  fact,  that  notwithstanding,  in  the  Charles 
course  of  the  Revolution,  the  Southern  States  were  continually  overrun 
by  the  British,  and  that  every  negro  in  them  had  an  opportunity  of 
leaving  their  owners,  few  did ;  proving  thereby  not  only  a  most 
remarkable  attachment  to  their  owners,  but  the  mildness  of  the  treat- 
ment, from  whence  their  affection  sprang.  They  then  were,  as  they 
still  are,  as  valuable  a  part  of  our  population  to  the  Union  as  any  other 
equal  number  of  inhabitants.  They  were  in  numerous  instances  the 
pioneers,  and,  in  all,  the  laborers,  of  your  armies.  To  their  hands 
were  owing  the  erection  of  the  greatest  part  of  the  fortifications  raised 
for  the  protection  of  our  country ;  some  of  which,  particularly  Fort 
Moultrie,  gave,  at  that  early  period  of  the  inexperience  and  untried 
valor  of  our  citizens,  immortality  to  American  arms  :  and,  in  the 
Northern  States,  numerous  bodies  of  them  were  enrolled  into  and 
fought,  by  the  sides  of  the  whites,  the  battles  of  the  Revolution."  — 
Annals  of  Congress.     Sixteenth  Congress,  First  Session,  p.  1312. 

That  large  numbers  of  negroes  were  enrolled  in  the  army, 
and  served  faithfully  as  soldiers  during  the  whole  period  of 
the  War  of  the  Revolution,  may  be  regarded  as  a  well-estab- 
lished historical  fact.  And  it  shoidd  be  borne  in  mind,  that 
the  enlistment  was  not  confined,  by  any  means,  to  those  who 
had  before  enjoyed  the  privileges  of  free  citizens.  Very 
many  slaves  were  offered  to,  and  received  by,  the  army,  on 
the  condition  that  they  were  to  be  emancipated,  either  at  the 
time  of  enlisting,  or  when  they  had  served  out  the  term  of 
their  enlistment.  The  inconsistency  of  keeping  in  slavery 
any  person  who  had  taken  up  arms  for  the  defence  of  our 
national  liberty,  had  led  to  the  passing  of  an  order,  forbidding 
"  slaves,"  as  such,  to  be  received  as  soldiers. 

The  documents  which  I  have  cited  will  give  a  general  idea 
of  the  opinions  and  the  practice  of  the  leading  patriots  in 
the  civil  and  military  service  of  the  country,  at  the  time  of  the 
Revolution,  on  the  employment  of  negroes  as  soldiers.  Much 
more  documentary  evidence,  of  a  similar  character,  might  be 


156  AN   HISTOKICAL   RESEARCH. 

adduced  from  the  mass  of  materials  which  I  have  gathered 
in  pursuing  this  inquiry  ;  but  I  have,  I  trust,  selected  enough 
to  fairly  illustrate  the  subject.  If  what  I  have  done,  or  what 
I  have  left  undone,  shall  stimulate  others  to  a  more  thorough 
investigation,  my  labor  will  not  have  been  lost. 


APPENDIX. 


APPENDIX. 


(A.) 

NEGROES   IN   THE   NAVY. 

The  suggestion  made  by  Mr.  Everett  at  the  meeting  of  the  Negroes  in 
Massachusetts  Historical  Society  when  this  paper  was  read, 
in  regard  to  the  history  of  the  employment  of  negroes  in  our 
navy,  is  worthy  of  a  more  careful  consideration  than  the  limits 
of  this  paper  would  allow.  But  I  am  happy  to  be  able  to 
present  the  testimony,  on  this  subject,  of  one  of  our  Honorary 
Members,  Usher  Parsons,  M.D.,  whose  character  and  experi- 
ence give  authority  to  his  statements. 

"Providence,  October  18,  1862. 

"Mr  dear  Sir,  —  In  reply  to  your  inquiries  about  the  employing 
of  blacks  in  our  navy  in  the  war  of  1812,  and  particularly  in  the  battle 
of  Lake  Erie,  I  refer  you  to  documents  in  Mackenzie's  '  Life  of  Com- 
modore Perry,'  vol.  i.  pp.  166  and  187. 

"In  1814,  our  fleet  sailed  to  the  Upper  Lakes  to  co-operate  with 
Colonel  Croghan  at  Mackinac.  About  one  in  ten  or  twelve  of  the 
crews  were  blacks. 

"In  1816,  I  was  surgeon  of  the  'Java,'  under  Commodore  Perry. 
The  white  and  colored  seamen  messed  together.  About  one  in  six  or 
eight  were  colored. 

"In  1819,  I  was  surgeon  of  the  '  Guerriere,'  under  Commodore 
Macdonough ;  and  the  proportion  of  blacks  was  about  the  same  in  her 


160  AN   HISTORICAL    RESEARCH. 

Negroes  in  crew.     There  seemed  to  be  an  entire  absence  of  prejudice  against  the 

the  Navy.  ° 

blacks  as  messmates  among  the  crew.     What  I  have  said  applies  to 
the  crews  of  the  other  ships  that  sailed  in  squadrons. 
"  Yours  very  respectfully, 

"  Usher  Parsons. 

"  Geokge  Livermore,  Esq." 

The  documents  referred  to  by  Dr.  Parsons  are  two  letters, 
—  the  first  written  to  Commodore  Chauncey,  in  the  summer 
of  1813,  by  Captain  (afterwards  Commodore)  Perry,  express- 
ing dissatisfaction  with  the  appearance  of  the  men  who  had 
been  sent  to  him  for  his  squadron  on  Lake  Erie  before  his 
famous  battle. 

"  Sir,  —  I  have  this  moment  received,  by  express,  the  enclosed 
letter  from  General  Harrison.  If  I  had  officers  and  men,  —  and  I 
have  no  doubt  you  will  send  them,  — ■  I  could  fight  the  enemy,  and 
proceed  up  the  lake  ;  but,  having  no  one  to  command  the  '  Niagara,' 
and  only  one  commissioned  lieutenant  and  two  acting  lieutenants,  what- 
ever my  wishes  may  be,  going  out  is  out  of  the  question.  The  men 
that  came  by  Mr.  Champlin  are  a  motley  set,  —  blacks,  soldiers,  and 
boys.  I  cannot  think  you  saw  them  after  they  were  selected.  I  am, 
however,  pleased  to  see  any  thing  in  the  shape  of  a  man.*'  —  Macken- 
zie's Life  of  Perry,  vol.  i.  pp.  1G5,  1G6. 

This  letter  called  forth  from  Commodore  Chauncey  the 
following  sharp  reply :  — 

"  Sir,  —  I  have  been  duly  honored  with  your  letters  of  the  twenty- 
third  and  twenty-sixth  ultimo,  and  notice  your  anxiety  for  men  and 
officers.  I  am  equally  anxious  to  furnish  you ;  and  no  time  shall  be 
lost  in  sendiug  officers  and  men  to  you  as  soon  as  the  public  service 
will  allow  me  to  send  them  from  this  lake.  I  regret  that  you  are  not 
pleased  with  the  men  sent  you  by  Messrs.  Champlin  and  Forrest ;  for, 
to  my  knowledge,  a  part  of  them  are  not  surpassed  by  any  seamen  we 
have  in  the  fleet :  and  I  have  yet  to  learn  that  the  color  of  the  skin,  or 
the  cut  and  trimmings  of  the  coat,  can  affect  a  man's  qualifications 
or  usefulness.  I  have  nearly  fifty  blacks  on  board  of  this  ship,  and 
many  of  them  are  among  my  best  men ;  and  those  people  you  call 
soldiers  have  been  to  sea  from  two  to  seventeen  years ;  and  I  presume 
that  you  will  find  them  as  good  and  useful  as  any  men  on  board  of 


APPENDIX.  1GI 

your  vessel ;  at  least,  if  I  can  judge  by  comparison ;  for  those  which  Negroes  in 

J  ...,,-,.  -,  r  the  Navy. 

we  have  on  board  ot  this  ship  are  attentive  and  obedient,  and,  as  tar  as 

I  can  judge,  many  of  them  excellent  seamen  :  at  any  rate,  the  men  sent 
to  Lake  Erie  have  been  selected  with  a  view  of  sending  a  fair  propor- 
tion of  petty  officers  and  seamen ;  and  I  presume,  upon  examination,  it 
will  be  found  that  they  are  equal  to  those  upon  this  lake." — Macken- 
zie's Life  of  Perry,  vol.  i.  pp.  186,  187. 

Perry  found  the  negroes  to  be  indeed  all  that  Commodore 
Chauncey  had  represented  them;  and  he  did  not  hesitate 
afterwards  to  speak  favorably  of  their  services :  — 

"  Perry  speaks  highly  of  the  bravery  and  good  conduct  of  the 
negroes,  who  formed  a  considerable  part  of  his  crew.  They  seemed  to 
be  absolutely  insensible  to.  danger.  When  Captain  Barclay  came  on 
board  the  'Niagara,'  and  beheld  the  sickly  and  party-colored  beings 
around  him,  an  expression  of  chagrin  escaped  him  at  having  been  con- 
quered by  such  men.  The  fresh-water  service  had  very  much  impaired 
the  health  of  the  sailors,  and  crowded  the  sick  list  with  patients."  — 
Analectic  Magazine,  vol.  iii.  p.  255. ' 

To  the  same  effect  is  the  testimony  of  the  following 

"  Extract  of  a  Letter  from  Nathaniel  Shaler,  Commander  of  the 
private-armed  Schooner  Gov.  Tompkins,  to  his  Agent  in  New  York, 
dated  —  .: 

"At  Sea,  Jan.  1,1813. 

"  Before  I  could  get  our  light  sails  in,  and  almost  before  I  could 
turn  round,  I  was  under  the  guns,  not  of  a  transport,  but  of  a  large 

frigate  !  and  not  more  than  a  quarter  of  a  mile  from  her 

Her  first  broadside  killed  two  men,  and  wounded  six  others 

My  officers  conducted  themselves  in  a  way  that  would  have  done  honor 

to  a  more  permanent  service The  name  of  one  of  my 

poor  fellows  who  was  killed  ought  to  be  registered  in  the  book  of  fame, 
and  remembered  with  reverence  as  long  as  bravery  is  considered  a 
virtue.  He  was  a  black  man,  by  the  name  of  John  Johnson.  A 
twenty-four-pound  shot  struck  him  in  the  hip,  and  took  away  all  the 
lower  part  of  his  body.  In  tins  state,  the  poor  brave  fellow  lay  on 
the  deck,  and  several  times  exclaimed  to  his  shipmates,  '■Fire  away,  my 
boy :  no  haul  a  color  down.'  The  other  was  also  a  black  man,  by  the 
name  of  John  Davis,  and  was  struck  in  much  the  same  way.     He  fell 

21 


162  AN  HISTORICAL  RESEARCH. 

near  me,  and  several  times  requested  to  be  thrown  overboard,  saying 
he  was  only  in  the  way  of  others. 

"  When  America  has  such  tars,  she  has  little  to  fear  from  the 
tyrants  of  the  ocean."  —  Niks's  Weekly  Register,  Saturday,  Feb.  26, 
1814 


(B.) 

Flag  of  a  At  the  August  meeting  of  the  Massachusetts  Historical 
company.  Society,  an  interesting  memorial  of  the  last  century  was  dis- 
played. It  was  a  silk  flag,  bearing  the  device  of  a  Pine-tree 
and  a  Buck,  with  the  initials  "  J.  H.'J  and  "  G.  W."  over  a 
scroll,  on  which  appear  the  words,  "  The  Bucks  of  America." 
This  relic  had  been  carefully  preserved  as  the  flag  presented 
by  Governor  Hancock  to  a  company  of  colored  soldiers  bear- 
ing that  name.  It  now  belongs  to  Mr.  William  C.  Nell,  of 
Boston.  Mr.  Nell  is  the  author  of  a  volume  entitled  "  The 
Colored  Patriots  of  the  American  Revolution,  with  Sketches 
of  several  Distinguished  Colored  Persons ;  "  a  book  that 
contains  a  great  number  of  interesting  anecdotes  on  the 
subject.  It  was  published  in  1855,  and  is  now  out  of  print ; 
but  a  new  edition,  considerably  enlarged,  is,  I  am  happy  to 
heu.-  soon  to  be  issued. 


(C.) 

NEGRO   REGIMENTS   IN   THE   STATE   OF   NEW   YORK. 

Negro  regi-       That  the  services  of  negroes,  as  soldiers,  were  solicited 

the'state  of  and  welcomed  by  the  civil  and  military  authorities  in  various 

ew    or  '  parts  of  the  United  States,  during  the  war  of  1812  with  Great 

Britain,  is  too  well  known  to  need  any  illustration.     It  may 

not,  however,  be  out  of  place  here  to  reprint  an  act  of  the 

Legislature  of  the  State  of  New  York. 


APPENDIX.  163 

"An  Act  to  authorize  the  raising  of  Two  Regiments  of  Men  of  Color ; 
passed  Oct.  24,  1814. 

"  Sect.  1.  Be  it  enacted  by  the  people  of  the  State  of  New  York,  Negro  regi- 
represented  in  Senate  and  Assembly,  That  the  Governor  of  the  State  Estate  of 
be,  and  he  is  hereby,  authorized  to  raise,  by  voluntary  enlistment,  two  New  York, 
regiments  of  free  men  of  color,  for  the  defence  of  the  State  for  three 
years,  unless  sooner  discharged. 

"  Sect.  2.  And  be  it  further  enacted,  That  each  of  the  said  regi- 
ments shall  consist  of  one  thousand  and  eighty  able-bodied  men ;  and 
the  said  regiments  shall  be  formed  into  a  brigade,  or  be  organized  in 
such  manner,  and  shall  be  employed  in  such  service,  as  the  Governor 
of  the  State  of  New  York  shall  deem  best  adapted  to  defend  the  said 
State. 

"  Sect.  3.  And  be  it  further  enacted,  That  all  the  commissioned 
officers  of  the  said  regiments  and  brigade  shall  be  white  men ;  and  the 
Governor  of  the  State  of  New  York  shall  be,  and  he  is  hereby,  autho- 
rized to  commission,  by  brevet,  all  the  officers  of  the  said  regiments 
and  brigade,  who  shall  hold  their  respective  commissions  until  the 
council  of  appointment  shall  have  appointed  the  officers  of  the  said 
regiments  and  brigade,  in  pursuance  of  the  Constitution  and  laws  of 
the  said  State. 

"  Sect.  4.  And  be  it  further  enacted,  That  the  commissioned 
officers  of  the  said  regiments  and  brigade  shall  receive  the  same  pay, 
rations,  forage,  and  allowances,  as  officers  of  the  same  grade  in  the 
army  of  the  United  States  ;  and  the  non-commissioned  officers,  musi- 
cians, and  privates  of  the  said  regiments  shall  receive  the  same  pay, 
rations,  clothing,  and  allowances,  as  the  non-commissioned  officers, 
musicians,  and  privates  of  the  army  of  the  United  States  ;  and  the  sum 
of  twenty-five  dollars  shall  be  paid  to  each  of  the  said  non-commis- 
sioned officers,  musicians,  and  privates,  at  the  time  of  enlistment,  in 
lieu  of  all  other  bounty. 

"  Sect.  5.  And  be  it  further  enacted,  That  the  troops  to  be  raised 
as  aforesaid  may  be  transferred  into  the  service  of  the  United  States, 
if  the  Government  of  the  United  States  shall  agree  to  pay  and  subsist 
them,  and  to  refund  to  this  State  the  moneys  expended  by  this  State 
in  clothing  and  arming  them ;  and,  until  such  transfer  shall  be  made, 
may  be  ordered  into  the  service  of  the  United  States  in  lieu  of  an 
equal  number  of  militia,  whenever  the  militia  of  the  State  of  New 
York  shall  be  ordered  into  the  service  of  the  United  States. 

"  Sect.  6.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  any 


164  AN   HISTORICAL   RESEARCH. 

Negro  regi-  able-bodied  slave,  with  the  -written  assent  of  his  master  or  mistress,  to 
the  State  of  enhst  into  the  said  corps  ;  and  the  master  or  mistress  of  such  slave 
Newlork.  snar|  be  entitled  to  the  pay  and  bounty  allowed  bim  for  his  service  :" 
and,  further,  that  the  said  slave,  at  the  time  of  receiving  his  discharge, 
shall  be  deemed  and  adjudged  to  have  been  legally  manumitted  from 
that  time,  and  his  said  master  or  mistress  shall  not  thenceforward  be 
liable  for  his  maintenance. 

"  Sect.  7.  And  be  it  further  enacted,  That  every  such  enrolled 
person,  who  shall  have  become  free  by  manumission  or  otherwise,  if  he 
shall  thereafter  become  indigent,  shall  be  deemed  to  be  settled  in  the 
town  in  which  the  person  who  manumitted  him  was  settled  at  the  time 
of  such  manumission,  or  in  such  other  town  where  he  shall  have  gained 
a  settlement  subsequent  to  his  discharge  from  the  said  service ;  and  the 
former  owner  or  owners  of  such  manumitted  person,  and  his  legal  re- 
presentatives, shall  be  exonerated  from  his  maintenance,  any  law  to  the 
contrary  hereof  notwithstanding. 

"  Sect.  8.  And  be  it  further  enacted,  That,  when  the  troops  to  be 
raised  as  aforesaid  shall  be  in  the  service  of  the  United  States,  they 
shall  be  subject  to  the  rules  and  articles  which  have  been  or  may  be 
hereafter  established  by  the  By-laws  of  the  United  States  for  the  gov- 
ernment of  the  army  of  the  United  States ;  that,  when  the  said  troops 
shall  be  in  the  service  of  the  State  of  New  York,  they  shall  be  subject 
to  the  same  rules  and  regulations :  And  the  Governor  of  the  said  State 
shall  be,  and  he  is  hereby,  authorized  and  directed  to  exercise  all  the 
power  and  authority  which,  by  the  said  rules  and  articles,  are  required 
to  be  exercised  by  the  President  of  the  United  States."  —  Laws  of  the 
State  of  New  York,  passed  at  the  Thirty-eiglith  Session  of  the  Legisla- 
ture, chap,  xviii. 


(D.) 

GENERAL  JACKSON'S  PROCLAMATION  TO  THE  NEGROES. 

Headquarters,  Seventh  Military  District, 
Mobile,  September  21,  1814. 

To  the  Free  Colored  Inhabitants  of  Louisiana. 
Negro  sol-        Through  a  mistaken  policy,  you  have  heretofore  been  deprived  of  a 
General  "  participation  in  the  glorious  struggle  for  national  rights  in  which  our 
Jackson,     country  is  engaged.     This  no  longer  shall  exist. 


APPENDIX.  165 

As  sons  of  freedom,  you  are  now  called  upon  to  defend  our  most  Negro  sol- 

J  a    diers  under 

inestimable  blessing.     As  Americans,  your  country  looks  with  conn-  General 

denee  to  her  adopted  children  for  a  valorous  support,  as  a  faitliful  Jacks0Q- 
return  for  the  advantages  enjoyed  under  her  mild  and  equitable  govern- 
ment.    As  fathers,  husbands,  and  brothers,  you  are  summoned  to  rally 
around  the  standard  of  the  Eagle,  to  defend  all  which  is  dear  in  exist- 
ence. 

Your  country,  although  calling  for  your  exertions,  does  not  wish  you 
to  engage  in  her  cause  without  amply  remunerating  you  for  the  ser- 
vices rendered.  Your  intelligent  minds  are  not  to  be  led  away  by  false 
representations.  Your  love  of  honor  would  cause  you  to  despise  the 
man  who  should  attempt  to  deceive  you.  In  the  sincerity  of  a  soldier 
and  the  language  of  truth  I  address  ypu. 

To  every  noble-hearted,  generous  freeman  of  color  volunteering  to 
serve  during  the  present  contest  with  Great  Britain,  and  no  longer, 
there  will  be  paid  the  same  bounty,  in  money  and  lands,  now  received 
by  the  white  soldiers  of  the  United  States,  viz.  one  hundred  and  twenty- 
four  dollars  in  money,  and  one  hundred  and  sixty  acres  of  land.  The 
non-commissioned  officers  and  privates  will  also  be  entitled  to  the  same 
monthly  pay,  and  daily  rations,  and  clothes,  furnished  to  any  American 
soldier. 

On  enrolling  yourselves  in  companies,  the  Major-General  Command- 
ing will  select  officers  for  your  government  from  your  white  fellow- 
citizens.  Your  non-commissioned  officers  will  be  appointed  from  among 
yourselves. 

Due  regard  will  be  paid  to  the  feelings  of  freemen  and  soldiers. 
You  will  not,  by  being  associated  with  white  men  in  the  same  corps,  be 
exposed  to  improper  comparisons  or  unjust  sarcasm.  As  a  distinct,  in- 
dependent battalion  or  regiment,  pursuing  the  path  of  glory,  you  will, 
undivided,  receive  the  applause  and  gratitude  of  your  countrymen. 

To  assure  you  of  the  sincerity  of  my  intentions,  and  my  anxiety  to 
engage  your  invaluable  services  to  our  country,  I  have  communicated 
my  wishes  to  the  Governor  of  Louisiana,  who  is  fully  informed  as  to 
the  manner  of  enrolment,  and  will  give  you  every  necessary  information 
on  the  subject  of  this  address. 

Andrew  Jackson,  Major -General  Commanding. 
(Niles's  Register,  vol.  vii.  p.  205.) 

Three  months  after  his  proclamation  was  issued,  on  Sun- 
day, the  18th  of  December,  1814,  General  Jackson  reviewed 


1G6  AN   HISTORICAL    RESEARCH. 

dieS°iin°der tlae  trooPs>  white  and  colored,  in  New  Orleans.  "  At  the  close 
JackJoi  of  tIie  review>  Edward  Livingston  [one  of  his  aids]  advanced 
from  the  group  that  surrounded  the  General,  and  read  in  fine, 
sonorous  tones,  and  with  an  energy  and  emphasis  worthy  of 
the  impassioned  words  he  spoke,  that  famous  address  to  the 
troops  which  contributed  so  powerfully  to  enhance  their 
enthusiasm,  and  of  which  the  survivors  to  this  hour  have  the 
most  vivid  recollection.  This  address,  like  that  previously 
quoted,  was  Jackson's  spirit  in  Livingston's  language."  — 
Partoii's  Life  of  Jackson,  vol.  ii.  pp.  63,  64. 

The  following  is  a  portion  of  the  address :  — 

"  To  the  Embodied  Militia. —  Fellow  Citizens  and  Soldiers:  The 
General  commanding  in  chief  would  not  do  justice  to  the  noble  ardor 
that  has  animated  you  in  the  hour  of  danger,  he  would  not  do  justice 
to  his  own  feeling,  if  lie  suffered  the  example  you  have  shown  to  pass 
without  public  notice 

"  Fellow-citizens,  of  every  description,  remember  for  what  and 
against  whom  you  contend.  For  all  that  can  render  life  desirable  — 
for  a  country  blessed  with  every  gift  of  nature  —  for  property,  for  life 
—  for  those  dearer  than  either,  your  wives  and  children  —  and  for 
liberty,  without  which,  country,  life,  property,  are  no  longer  worth 
possessing ;  as  even  the  embraces  of  wives  and  children  become  a  re- 
proach to  the  wretch  who  could  deprive  them  by  his  cowardice  of  those 
invaluable  blessings. 

"  To  the  Men  of  Color.  —  Soldiers  !  From  the  shores  of  Mobile 
I  collected  you  to  arms,  —  I  invited  you  to  share  in  the  perils  and  to 
divide  the  glory  of  your  white  countrymen.  I  expected  much  from 
you ;  for  I  was  not  uninformed  of  those  qualities  which  must  render 
you  so  formidable  to  an  invading  foe.  I  knew  that  you  could  endure 
hunger  and  thirst,  and  all  the  hardships  of  war.  I  knew  that  you 
loved  the  land  of  your  nativity,  and  that,  like  ourselves,  you  had  to  de- 
fend all  that  is  most  dear  to  man.  But  you  surpass  my  hopes.  I  have 
found  in  you,  united  to  these  qualities,  that  noble  enthusiasm  which  im- 
pels to  great  deeds. 

"  Soldiers  !  The  President  of  the  United  States  shall  be  informed 
of  your  conduct  on  the  present  occasion ;  and  the  voice  of  the  Repre- 


APPENDIX.  167 

sentatives  of  the  American  nation  shall  applaud  your  valor,  as  your 
General  now  praises  your  ardor.  The  enemy  is  near.  His  sails  cover 
the  lakes.  But  the  brave  are  united ;  and,  if  he  finds  us  contending 
among  ourselves,  it  will  be  for  the  prize  of  valor,  and  fame  its  noblest 
reward."  —  Giles's  Register,  vol.  vii.  pp.  345,  346. 


(E.) 

The  Hon.  Charles  B.  Sedgwick,  a  member  of  Congress  Negro  soi- 
from  the  State  of  New  York,  read  in  the  House  of  Represen-  „J0narchi- 
tativcs,  during  the  last  session,  the  following  paper  on  the  meirtsJ6™" 
use  of  negro  soldiers  in  other  countries.     It  is  understood  to 
have  been  prepared  by  one  of  the  librarians  of  the  State 
Library  at  Albany. 

NEGRO   SOLDIERS   UNDER   MONARCHICAL   GOVERNMENTS. 

"  The  monarchical  governments  of  Europe  and  America,  those  that 
tolerate  slavery  and  those  that  do  not,  alike  agree  in  employing  negroes 
armed  for  the  public  defence.  They  find  that  the  burdens  of  war,  and 
the  sacrifice  of  life  it  occasions,  are  too  great  to  be  borne  by  the  white 
race  alone.  They  call  upon  the  colored  races,  therefore,  to  share  in  the 
burden,  and  to  encounter,  in  common  with  the  wliites,  the  risks  of  loss 
of  life. 

"  Thus  we  find,  that  in  the  Spanish  colony  of  Cuba,  with  a  popula- 
tion one-half  slaves  and  one-sixth  colored,  a  militia  of  free  blacks  and 
mulattoes  was  directed  by  Gen.  Pezuela  (Governor-General)  to  be 
organized  in  1854  throughout  the  island  ;  and  it  was  put  upon  an  equal 
footing,  with  regard  to  privilege,  with  the  regular  army.  This  measure 
was  not  rescinded  by  Governor- General  Concha  in  1855;  but  the 
black  and  mulatto  troops  have  been  made  a  permanent  corps  of  the 
Spanish  army.  (Condensed  in  the  very  phrases  of  Thrasher's  preface 
to  his  edition  of  Humboldt's  '  Cuba.') 

"  In  the  Portuguese  colonies  on  the  coast  of  Africa,  the  regiments 
are  chiefly  composed  of  black  men.  At  Prince's  Island,  the  garrison 
consists  of  a  company  of  regular  artillery  of  eighty,  and  a  regiment  of 
black  militia  of  ten  hundred  and  fifty-eight,  rank  and  file,  of  which  the 


1G8  AN   HISTORICAL    RESEARCH. 

Negro  sol-  colonel  is  a  white  man.  At  St.  Thomas's,  there  are  two  regiments  of 
mouarchi-  black  militia.  In  Loando,  the  Portuguese  can,  on  an  emergency  of  war 
ca!  govern-  ^jjjj  tne  nativeS;  bring  into  the  field  twenty-five  thousand  partially  civil- 
ized blacks,  armed  with  muskets.  Successful  expeditions  have  actually 
been  made  with  five  thousand  of  them,  accompanied  with  three  or  four 
hundred  white  soldiers.  (From  Valdez's  Six  Years  on  the  West  Coast 
of  Africa.     London:  1861.     Two  vols.  8 vo.) 

"  In  the  Dutch  colony  of  the  Gold  Coast  of  Africa,  with  a  popula- 
tion of  one  hundred  thousand,  the  garrison  of  the  fortress  consists  of 
two  hundred  soldiers  (whites,  mulattoes,  and  blacks),  under  a  Dutch 
colonel. 

"  In  the  capital  of  the  French  colony  of  Senegal,  on  the  same  coast, 
at  St.  Louis,  the  defence  of  the  place  is  in  the  hands  of  eight  hundred 
white  and  three  hundred  black  soldiers.  (The  preceding  facts  are  also 
from  Valdez.) 

"  In  the  Danish  island  of  St.  Croix,  in  the  West  Indies,  for  more 
than  twenty-five  years  past,  there  have  been  employed  two  corps  of 
colored  soldiers,  in  the  presence  of  slaves.  (From  Tuckerman's  Santa 
Cruz.) 

"  In  Brazil,  notwithstanding  its  three  million  slaves,  its  monarchical 
government  employs  all  colors  and  races  in  the  military  service,  either 
by  enlistment  or  forcible  seizure.  The  police  of  the  city  of  Rio  de 
Janeiro  is  a  military  organization,  composed  mostly  of  colored  men, 
drilled  and  commanded  by  army  officers.  The  navy  is  principally 
manned  by  civilized  aborigines.      (Bidder:    Ewbank.) 

"  The  course  pursued  by  the  British  Government  in  Jamaica,  Sierra 
Leone,  and  Hindostan,  is  so  notorious,  as  simply  to  need  to  be  men- 
tioned. 

"  In  Turkey,  no  distinction  of  color  or  race  is  made  in  the  ranks  of 
the  regular  army.  Distinction  is  made,  however,  on  the  ground  of  dif- 
ference of  fa'th.  The  army  is  composed  of  Mahomedans.  Christians 
and  Jews  are  never  recruited.  The  result  is  one  which  the  government 
of  Turkey  to-day  contemplates  with  alarm.  For  the  last  two  hundred 
years,  having  been  frequently  engaged  in  war,  her  Mahomedan  popula- 
tion has  been  greatly  reduced  thereby ;  while  her  Christian  population, 
at  one  time  greatly  inferior  in  numbers,  has  now,  by  peace,  so  extraor- 
dinarily increased,  as  to  bid  fair  soon  to  divide  the  empire.'  And  she 
dare  not  now,  in  her  strength,  arm  them  as  her  soldiers  as  conscripts, 
notwithstanding  her  desire  to  do  it." 


APPENDIX.  1G9 


(F-) 


OMITTED     DOCUMENTS. 


A  brief  mention  may  fitly  be  here  made  of  some  of  the  docu- 
ments, alluded  to  in  the  prefatory  Note,  which,  on  account  of 
the  prescribed  limits  of  this  publication,  have  been  omitted, 
and  reserved  for  future  use. 

1.  A  despatch  from  Lord  Dunmore  to  "Secretary  the  Earl 
of  Hillsborough,"  dated  at  Williamsburg,  May  1,  1772.  The 
original  is  in  the  State-paper  Office,  London.  A  manuscript 
copy  was  obligingly  furnished  to  me  by  Mr.  Bancroft.  It 
not  only  corroborates  the  testimony  of  the  American  patriots 
respecting  the  antislavery  sentiments  which  prevailed  in  Vir- 
ginia prior  to  the  Declaration  of  Independence,  but  shows  the 
opinions  at  that  time  entertained  respecting  the  relations  of 
slaves  to  their  masters  in  a  time  of  war,  as  follows  :  — 

"In  case  of  a  war the  people  with  great  reason 

tremble  at  the  facility  that  an  enemy  would  find  in  procuring 
such  a  body  of  men,  attached  by  no  tie  to  their  masters  or  to 
the  country  :  on  the  contrary  it  is  natural  to  suppose  their 
condition  must  inspire  them  with  an  aversion  to  both,  and 
therefore  are  ready  to  join  the  first  that  would  encourage  them 
to  revenge  themselves  ;  by  which  means  a  conquest  of  this 
country  would  inevitably  be  effected  in  a  very  short  time." 

2.  An  original  letter  of  Patrick  Henry  to  John  Alsop,  of 
Hudson,  N.Y.,  dated  at  Hanover  Court-House,  13  January, 
1773,  pronouncing  slavery  to  be  "  as  repugnant  to  humanity  as 
it  is  inconsistent  with  the  Bible  and  destructive  to  Liberty." 

3.  The  laws  of  some  of  the  Northern  and  Middle  States,  at 
the  time  of  the  extinction  of  slavery  therein,  making  it  a  penal 
offence  to  sell  slaves  to  be  taken  out  of  the  State  without  their 
own  consent ;  and  thus  proving  the  falseness  of  the  charge 
made  by  Jefferson  Davis  and  others  against  the  North,  of  hav- 

22 


170  AS    HISTORICAL    RESEARCH. 

ing  "  consulted  their  own  interest  by  selling  their  slaves  to  the 
South  when  they  prohibited  slavery  within  their  limits."  My 
attention  has  been  called  to  these  laws  by  Professor  Lieber. 

4.  An  extract  from  a  letter  written  to  me  soon  after  the 
publication  of  the  first  edition,  by  Mrs.  Lydia  Maria  Child, 
in  which  she  shows  how  admirably  successful  Lafayette's  expe- 
riment of  emancipation  in  Cayenne  proved  in  practice.  The 
account  is  too  beautiful  and  touching  to  be  abridged.  I  hope 
hereafter  to  print  it  entire. 

5.  A  fidl  and  accurate  statement  of  the  opinions  of  that  high 
authority,  John  Quincy  Adams,  on  the  powers  of  the  National 
Government  respecting  Slavery  and  Emancipation  in  a  time 
of  war. 

The  opponents  of  Emancipation  have  recently  cited  certain 
Official  Papers  of  his,  written  when,  in  the  capacity  of  a  diplo- 
matist, he  was  acting  under  a  slave-holding  President  and  a 
pro-slavery  Administration,  and  discharging  the  duties  of  his 
office  as  the  Advocate  of  his  government  in  a  controversy 
between  it  and  a  foreign  power.  It  woidd  be  wrong  to  assume 
that  such  official  papers  in  every  instance  necessarily  present  the 
personal  views  of  the  writer.  Indeed,  we  have  on  record  the 
following  express  declaration  of  Mr.  Adams  as  to  one  of  his 
official  acts  :  "  It  was  utterly  against  my  wishes ;  but  I  was 
obliged  to  submit,  and  prepare  the  requisite  despatches."  Such 
ministerial  acts,  contrary  to  his  convictions,  when  he  was  called 
on  to  perform  them,  were  done,  to  use  his  own  words,  in  "the 
bitterness  of  his  heart." 

When  acting  on  his  own  responsibility,  in  the  House  of  Re- 
presentatives, in  1836,  he  made  this  declaration  :  — 

"  From  the  instant  that  your  slave  holding  States  become  the  theatre 
of  war,  civil,  servile,  or  foreign,  from  that  instant  the  war  powers  of 
Congress  extend  to  interference  with  the  institution  of  slavery  in  every 
way  in  which  it.  can  be  interfered  with,  from  a  claim  of  indemnity  for 
slaves  taken  or  destroyed,  to  the  cession  of  the  State  burdened  with 
slavery  to  a  foreign  power." 

After  years  of  further  reflection,   in  1842  he  announced,  in 


APPENDIX.  171 

the   following  statement,  what  he  considered  as    indisputable 
law  :  — 

"  When  your  country  is  actually  in  war,  whether  it  be  a  war  of 
invasion  or  a  war  of  insurrection,  Congress  has  power  to  carry  on  the 
war,  and  must  carry  it  on  according  to  the  laws  of  war ;  and,  by  the 
laws  of  war,  an  invaded  country  has  all  its  laws  and  municipal  insti- 
tutions swept  by  the  board,  and  martial  law  takes  the  place  of  them." 

And  the  settled  opinion  of  this  eminent  statesman,  in  the 
fulness  and  maturity  of  his  powers,  solemnly  reiterated  in  Con- 
gress, was,  that,  in  a  time  of  war,  "not  only  the  President  of 
the  United  States,  but  the  commander  of  the  army,  has  power 
to  order  the  universal  emancipation  of  the  slaves." 


INDEX. 


INDEX. 


A. 

Aberdeen,  a  Virginia  slave,  act  passed  by 
the  General  Assembly  in  1783  for  his 
emancipation,  on  account  of  meritorious 
public  services,  cited,  152,  153. 

Adams,  Charles  Francis,  his  speech  in 
Congress,  quoted,  xx ;  his  edition  of 
the  "Works  of  John  Adams,"  quoted, 
32,  41,  100. 

Adams,  John,  his  opinion  respecting  slave- 
ry, as  shown  by  the  history  of  the  De- 
claration of  Independence,  IS,  19.  On 
the  sub-committee  for  framing  that 
Declaration,  18;  delighted  with  Jeffer- 
son's first  draught  of  it,  IS.  Lafay- 
ette's letter  to  him,  denouncing  slave- 
ry, 32.  His  own  practice  in  regard  to 
slavery,  41.  His  "  Works,"  quoted,  32, 
41,  100.  His  defence  of  the  British  sol- 
diers concerned  in  the  Boston  Massacre, 
91;  enumerates  "negroes  and mulattoes" 
as  sharers  in  the  popular  movement  that 
led  to  it,  91.     His  Diary  quoted,  100. 

Adams,  John  Quincy,  pronounces  the  Con- 
stitution to  be  "the  complement  of  the 
Declaration  of  Independence,  forming 
with  it  one  entire  system  of  national 
government,"  49.  His  opinion  of  the 
powers  of  the  national  government  as 
to  slavery  and  emancipation  in  a  time  of 
war,  170, 171.  His  oflicial  acts  as  Secre- 
tary of  State  not  always  the  index  of  his 
private  opinions,  170. 

Alsop,  John,  letter  of  Patrick  Hemy  to  him 
in  1773,  denouncing  slavery,  mentioned, 
169. 

''American  Loyalists,"  Sabine's,  quoted, 
128-130. 

American  Magna  Charta.  See  Declara- 
tion of  Independence. 

Ames,  Captain,  the  negro  hero,  Salem 
Poor,  serves  in  his  company  at  Bunker 
Hill.  95.  '     * 

"  Analectic  Magazine,*'  quoted,  161. 

"Annals  of  Congress,"  quoted,  154,  155. 

Arnold,  Samuel  G.,  his  "  History  of  Rhode 
Island,"  quoted,  123. 

Articles  of  Confederation,  quoted,  25,  26. 
See  Confederation. 


Association,  Continental.  See  Continental 
Association. 

Atherton,  Joshua,  his  speech  against  slave- 
ry in  the  New-Hampshire  Convention 
to  consider  the  Federal  Constitution,  68, 
69." 

Attucks,  Crispus,  description  of  him  as  a 
runaway  "  Molatto  fellow,"  90;  the  first 
to  fall  in  the  Boston  Massacre,  91;  his 
brave  conduct  on  that  occasion,  91 ;  pub- 
lic funeral  honors  paid  him,  91,  92. 


B. 


Backus,  Isaac,  extract  from  his  speech  in 
the  Massachusetts  Convention  of  1788, 
66,  67. 

Baldwin,  Abraham,  of  Georgia,  in  the 
Federal  Convention,  says  that  his  State, 
"  if  left  to  herself,  may  probably  put  a 
stop  to  the  evil "  of  the  slave  trade,  58. 

Bancroft,  George,  his  comments  on  Chief- 
Justice  Taney's  views  of  slavery  in  the 
Dred  Scott  case,  10, 11.  His  manuscript 
letter  of  Mr.  Gadsden,  in  1776,  quoted,  48. 
His  opinion  on  the  Declaration  of  Inde- 
pendence, cited,  1-5.  His  "  History  of  the 
United  States,"  quoted,  97.  His  account 
of  the  army  of  the  Revolution  in  respect 
to  colored  soldiers,  97.  Furnishes  a  copy 
of  an  unpublished  letter  of  Lord  Dun- 
more  in  1772  on  the  evils  of  slavery  in 
Virginia,  169 ;  also  an  original  letter  of 
Mr.  Cruden  on  raising  negro  troops  in  the 
South,  141;  also  a  copy  of  Duumore's 
letter  to  Secretary  Lord  George  Ger- 
main, offering  to  organize  and  command 
them  in  person,  145-147. 

Barn-,  Rev.  William,  his  "History  of  Fra- 
mingham,"  cited,  94. 

Bartlett,  John  Russell,  Secretary  of  State 
in  Rhode  Island,  documents  furnished 
by  him,  copied  from  the  State  archives, 
117-124. 

Barton,  Lieutenant-Colonel,  captures  the 
British  "Major-General  Prescott  with  the 
aid  of  the  negro  man  Prince,  111- 
113. 


17G 


INDEX. 


Belknap,  Dr.  Jeremy,  his  "Answers  to 
Queries  respecting  Slavery,"  proposed 
by  Judge  Tucker  of  Virginia,  quoted, 
22,  23. 

Benson,  Egbert,  letter  of  John  Jay  to  him 
iu  17fc0,  quoted,  46. 

Boston,  pays  funeral  honors  to  the  victims 
of  the  Boston  Massacre,  91,  92;  re- 
joicings in,  on  the  adoption  by  Massa- 
chusetts of  the  Federal  Constitution,  67, 
68. 

"Boston  Gazette,  or  Weekly  Journal,"  of 
1750,  quoted,  90. 

Boston  Massacre,  a  negro  the  first  victim 
of  the,  91,  93. 

Bowen,  Francis,  his  "  Life  of  General  Lin- 
coln," quoted,  83,  84. 

Brown,  John,  of  Norfolk,  in  Virginia,  de- 
nounced by  a  Virginia  committee  as  an 
enemy  of  his  country  for  continuing  in 
the  slave  trade,  21. 

Brown,  William,  of  Framingham,  Massa- 
chusetts, his  advertisement  of  the  run- 
away slave,  Crispus  Attucks,  90. 

"  Bucks  of  America,11  a  negro  company,  a 
flag  presented  by  John  Hancock  to  the, 
162. 

Buliock,  Mr.,  of  Georgia,  his  fear  of  the 
negroes  joining  the  British  army  in  1775, 
100. 

Bunker  Hill,  negro  soldiers  fought  in  the 
battle  of,  92. 

Butler,  Pierce,  of  South  Carolina,  in  the 
Federal  Convention,  60. 

C. 

Cabot,  George,  in  the  Massachusetts  Con- 
vention of  17fc8,  says  that  the  Federal 
Constitution  is  the  best  way  to  get  rid 
of  the  slave  trade,  64. 

Cadwalader,  John,  his  letter  to  General 
Washington  in  1781,  quoted,  127. 

Caldwell,  Jonas,  killed  in  the  Boston  Mas- 
sacre, 91. 

Carr,  Patrick,  mortally  wounded  in  the 
Boston  Massacre,  91. 

Cayenne,  Lafayette's  experiment  in  eman- 
cipation there,  31,  32;  Mrs.  Child's  letter 
on  its  succesMul  result,  170. 

Chastcllux,  Marquis  de,  his  "  Travels," 
quoted,  124.  His  account,  in  1781,  of  the 
l;lin'!,'  I ~  1  iiid  colored  regiment,  124. 

Chauncey,  Commodore  Isaac,  his  letter  to 
Commodore  Perry  on  negroes  in  the 
Navy,  160,  101. 

Child,  Mrs.  Lydia  Maria,  her  letter  on  the 
success  of  Lafayette's  experiment  in 
emancipating  his  slaves,  170. 

Citizenship  of  negroes.  See  Negroes  as 
slaves  and  as  citizens. 

Clinton,  Sir  Henry,  his  proclamation  in 
relation  to  the  enlistment  of  negroes,  136. 
Letter  of  Lord  Dunmore  to  him,  145- 
147. 


Clymer,  George,  of  Pennsylvania,  in  the 
Federal  Convention,  prelers  to  avoid  the 
word  "slaves"  in  the  Constitution,  61. 

"Columbian  Centinel,"  of  1788,  quoted, 
67,  68. 

Committee  of  Conference  to  consider  the 
condition  of  the  army,  decide  against  the 
enlistment  of  negroes  altogether,  101, 
102;  their  decision  departed  from  by 
Washington  as  to  free  negroes,  with  the 
consent  of  Congress,  102. 

Committee  of  Safety,  the,  of  Massachu- 
setts, disallow  the  admission  of  any  but 
freemen  into  the  army,  97. 

"  Compromises  of  the  Constitution,"  one 
object  of  this  work  to  ascertain  who  have 
been  unthithful  to  them,  2. 

Confederation,  Articles  of,  free  negroes  re- 
garded in  them  as  citizens,  25;  quoted, 
25. 

Confession  of  Faith,  the  Nation's  Political. 
See  Declaration  of  Independence. 

Congress,  Continental,  of  1776,  embraced 
some  of  the  future  members  of  the  Fede- 
ral Convention,  49.  Recommends  negro 
enlistment?,  133—135.  Secret  Journals 
of,  in  1779,  quoted,  133-135.  Journal  of, 
in  1779,  quoted,  135.  Beport  to  it  in 
favor  of  raising  negro  troops  in  1779, 
quoted,  133-135. 

Congress,  Federal,  war  powers  of,  in  rela- 
tion to  slavery  and  emancipation,  ac- 
cording to  John  Quiiicy  Adams,  170, 171. 

Connecticut,  her  legislation  on  slavery  and 
the  enlistment  of  negro  soldiers,  113- 
117. 

Constitution,  Federal,  previous  opinions  of 
it'  principal  framers,  27-49;  the  "  com* 
plement  of  the  Declaration  of  Independ- 
ence," which  is  tacitly  recognized  in  its 
Preamble,  49.  Its  Preamble  is  its  key, 
50.  Its  authors  believed,  that  under  it 
slavery  would,  and  they  intended  that 
it  should,  be  Boon  abolished,  50, 51;  re- 
cognizes the  existence  of  slavery,  but 
excludes  the  word  "  --lave,"  52.  Debates 
on  its  formation,  51-62. 

Constitutional  Convention.  See  Conven- 
vention,  Federal. 

Constitutions,  State,  nothing  in  them  to 
warrant  slavery  at  the  time  of  the  adop- 
tion  of  tin.'  Federal  Conj-titiitiou,  51. 

Continental  Association  of  1774,  adopted 
and  signed  by  the  Congress  in  1774,  19; 
its  second  article  abolishes  the  slave 
trade,  19;  signed  by  delegates  of  all 
the  colonies  but  Georgia,  19;  adopted 
by  Georgia  also  in  1775,  20;  enforced 
against  John  Brown  of  Norfolk,  21. 

Continental  Congress  of  1776.  See  Con- 
gress. 

Convention,  Federal,  of  1787,  some  of  its 
members  had  been  members  also  of  the 
Continental  Congress,  49.  Its  debates 
on  slavery,  52-62.  Importance  of  re- 
garding the    known    principles   of   its 


INDEX. 


177 


Convention,  Federal  (continued}. 

members  in  interpreting  the  Constitu- 
tion, 49.  Slave-holders  in  it  asked  only 
a  temporary  protection  or"  slavery,  51. 

Convention,  New  Hampshire,  for  consider- 
ing the  Federal  Constitution,  68,  69. 

Cooke,  Nicholas,  Governor  of  Rhode  Is- 
land, his  letter  to  General  Washington 
in  1778,  121,  122. 

Cornwallis,  Lord,  his  proclamation  invit- 
ing slaves  to  join  the  liritish  army,  137. 
Jefferson's  account  of  his  cruelty  to  cap- 
tured slaves,  137,  138. 

Creed,  National.  See  Declaration  of  In- 
dependence. 

Cruden,  J.,  his  proposal  to  Lord  Dim- 
more  to  arm  negroes,  142-145.  His 
unpublished  MS.  "sketch"  of  apian  for 
raising  ten  thousand  black  troops  in 
South  Carolina  in  17S2,  144,  145. 

Curtis,  Judge,  his  opinion  on  free  negroes 
as  citizens,  8-10. 


D. 

Dana,  Francis,  member  of  the  Massachu- 
setts Convention  of  1778,  his  opinion  on 
slavery,  63. 

Davie,  William  R.,  member  of  North  Caro- 
lina Convention  in  1788,  79;  says  that 
"  slaves,  as  rational  beings,  have  a  right 
of  representation,"  80;  and  that  "they 
might  be  highly  useful  in  war,"  80. 

Davis,  Jefferson,  his  "Message,"  quoted, 
3,  4 ;  his  statement  of  the  history  of  the 
United  States  in  relation  to  slavery,  3, 
4;  Mr.  Everett's  strictures  on  it,  12, 
14. 

Davis,  William  J.,  of  New  York,  a  pas- 
sage, furnished  by  him,  from  the  Jour- 
nal of  a  Hessian  officer,  quoted,  111. 

Dawes,  Thomas,  in  the  Massachusetts  Con- 
vention of  1788,  63;  his  opinion  on  the 
natural  rights  of  slaves,  64 ;  says,  that 
by  the  Federal  Constitution  "slavery 
has  received  a  mortal  wound,"  64. 

"  Debates  and  Proceedings  "  of  the  Massa- 
chusetts Convention  of  1788,  quoted, 
63-68. 

Declaration  of  Independence,  its  history  in 
relation  to  slavery,  15-26.  Its  doctrines 
early  reaffirmed  in  State  constitutions 
and  courts  of  justice,  22-25;  the  Ameri- 
can Magna  Charta,  i.e.  the  bold  procla- 
mation to  the  world  of  the  natural  rights 
conferred  on  his  subjects  by  the  Creator 
and  Governor  of  men,  14,  27;  the  Na- 
tional Creed,  and  Political  Confession  of 
Faith,  15.  Passage  omitted  from  the 
original  draught  of  it,  quoted,  18.  This 
Declaration  and  the  Federal  Constitution 
"  parts  of  one  consistent  whole,  founded 
on  one  and  the  same  theory  of  govern- 
ment "  51,  52. 


Delaware  Assembly,  passes  a  bill  prohibit- 
ing the  slave  trade  in  1775,  disallowed 
bv  the  royal  Governor,  20. 

Dickinson,  John,  in  the  Federal  Conven- 
tion, 5S;  his  opinions  on  slavery,  58,  59, 
61. 

Documents  omitted,  mention  of  some  per- 
tinent to  this  work,  169. 

"Dred  Scott"  case,  Chief-Justice  Tanev's 
language  on  the,  quoted,  6 ;  Judge  Mc- 
Lean's, 7,  8;  Judge  Curtis's,  8-10.  Mr. 
Bancroft's  strictures  on  Judge  Taney's 
words,  10,  11. 

Duane,  James,  Mayor  of  New  York  in 
1786,  signs  an  anti-slavery  memorial  to 
the  Legislature.  47. 

Dunmore,  Lord,  his  Proclamation,  promis- 
ing freedom  to  slaves  in  Virginia,  in 
1775,  103-110.  His  views  on  the  em- 
ployment of  negroes  as  soldiers,  141-148. 
Letters  from  him  to  the  English  Secre- 
tary of  State  in  1776,  quoted,  109,  110. 
Letter  of  J.  Cruden  to  him,  142-145. 
His  letters  to  Lord  George  Germain,  147, 
148.  Despatch  from  him  to  Seeretary 
Lord  Hillsborough  in  1772,  on  the  dan- 
gerous relation  of  slaves  to  their  mas- 
ters in  a  time  of  war,  quoted,  169. 

E. 

"Elliot's  Debates,"  quoted,  54-S2,  68-83. 
.  Ellsworth,  Oliver,  his  remarks  on  slavery 
in  the  Federal  Convention,   55;    says, 
that  "  slavery,  in  time,  will   not  be*  a 
speck  in  our  country,"  51,  57. 

Enlistment  of  negro  soldiers  in  Massachu- 
setts, 92-99,  126-127;  in  Virginia,  103- 
110;  in  New  York,  110, 127, 162-164;  in 
Connecticut,  113-117;  in  Rhode  Island, 
117-124. 

Eustis,  William,  on  negroes  as  soldiers  in 
the  war  of  the  Revolution,  154. 

Everett,  Edward,  his  strictures  on  Jefferson 
Davis's  views  of  slavery,  12-14.  His 
Address  in  New  York,  July  4,  1861, 
quoted,  12-14.  His  Address  "at  the  In- 
auguration of  the  Statue  of  General  War- 
ren, quoted,  94,95;  his  "Orations  and 
Speeches,"  quoted,  94,  95;  commemo- 
rates Peter  Salem,  94,  95. 


Fairfax  County  Resolves,  in  1774,  cfondemn 
the  slave-trade,  29;  quoted,  28,  29. 
Washington  chairman  of  the  Commit- 
tee that  prepared  them,  28. 

Federal  Convention,  opinions  previously 
held  and  avowed  by  its  members  on 
negro  slavery,  27—49 ;  importance  of  re- 
garding these  opinions  in  interpreting 
the  language  of  the  Constitution,  49. 
Some  of  its  members  had  been  members 


23 


178 


INDEX. 


Federal  Convention  (continued). 
of  the  Continental  Congress,  49.     It 
carries  out  into  practical  execution  the 
principles  of  the  Declaration  of  Inde- 
pendence, 49.     See  Convention. 

Federal  Constitution.     See  Constitution. 

Flag,  presented  by  John  Hancock  to  a 
company  of  colored  soldiers,  162. 

Flanders,  Henry,  his  "  Lives  and  Times 
of  the  Chief  Justices  of  the  Supreme 
Court  of  the  United  States,"  cited,  46. 

Force,  Peter,  his  "  Xotes  on  Lord  Mahon's 
History,"  cited,  19,  21;  demonstrates 
Lord  Mahon's  error  as  to  the  Southern 
Colonies  in  relation  to  the  Continental 
Association,  19-22 ;  his  *"  American  Ar- 
chives," quoted,  97,  99,  101-106,  1U9, 
110. 

Franklin,  Benjamin,  his  opinions  on  sla- 
very agreed  with  Washington's,  34.  His 
letter  to  John  Wright  on  the  early 
anti-slavery  efforts  of  the  Quakers  in 
Philadelphia,  34, 35;  prints  several  anti- 
slavery  books  for  them,  35.  His  letter 
to  Dean  Woodward,  in  1773,  announcing 
"a  disposition  to  abolish  slavery"  in 
North  America,  35.  His  "Address  to 
the  Public,"  in  1789,  "for  promoting  the 
abolition  of  slavery,"  35-37.  The  Me- 
morial to  Congress  of  the  Pennsylvania 
Abolition  Society  signed  by  him  "as  Pre- 
sident, the  last  public  act  of  his  life,  37, 
38.  His  parody  on  Mr.  Jackson's  pro- 
slavery  speech  "in  Congress,  38-41. 

Free  negroes,  regarded  as  citizens  in  the 
Articles  of  Confederation,  25 ;  and  con- 
sequently in  the  Federal  Constitution,  8, 
9;  in  Massachusetts,  took  their  place  as 
soldiers  in  the  ranks  with  white  men, 
97,  127. 

Frye,  Colonel,  Salem  Poor,  the  negro  hero, 
serves  in  his  regiment  at  Bunker  Hill, 
95. 

Funeral  of  the  victims  of  the  Boston  Mas- 
sacre, 91,  92. 


G. 


Gadsden,  Christopher,  of  South  Carolina, 
a  remarkable  MS.  letter  from  him  to  Fr. 
S.  Johnson,  in  1776,  in  the  possession 
of  Mr.  Bancroft,  quoted,  48 ;  deprecates 
the  continuance  of  slavery  in  South  Ca- 
rolina, 48. 

"Gaines's  Mercury,"  for  1775,  quoted. 
101. 

Galloway,  James,  in  the  North  Carolina 
Convention  of  1738,  81 ;  abominates  the 
slave  trade,  81. 

Gaston,  Judge,  of  North  Carolina,  cited  by 
Judge  Curtis,  9;  decides  that  free  ne- 
groes are  citizens,  9. 

Gates,  General  Horatio,  orders  negroes  to 
be  excluded  from  enlistment,  101. 


Georgia,  resolution  adopted  by  the  Pro- 
vincial Congress  of,  in  1775,  "against  the 
importation  of  slaves  from  Africa  or  else- 
where, 20.  Insurrection  of  slaves  in, 
feared  in  1775,  100. 

Georgia  and  South  Carolina,  in  the  Fede- 
ral Convention  asked  only  a  temporary 
toleration  of  the  slave  trade,  86. 

Germain,  Lord  George,  Secretary  of  State, 
letters  to,  from  Lord  Dunmor'e,  quoted, 
147,  148. 

Gerry,  Elbridge,  in  the  Federal  Conven- 
tion, his  opinions  on  slavery,  58.  De- 
clines to  sign  the  Federal  Constitution, 
62.  Invited  to  take  a  seat  with  the  dele- 
gates in  the  Massachusetts  Convention 
of  178S.  62. 

Gordon,  Dr.  William,  letter  of  Jefferson  to 
him,  quoted,  137,  138. 

Gorham,  Nathaniel,  in  the  Federal  Con- 
vention, 60. 

Gray,  Samuel,  killed  in  the  Boston  Massa- 
cre, 91. 

"  Great  Prince,  Little  Prince,"  &c,  slaves 
in  Connecticut,  their  memorial  to  the 
General  Assembly,  in  1779,  quoted,  116, 
117. 

Greene,  Colonel  Christopher,  commander 
of  the  Rhode-Island  negro  regiment, 
123;  exploits  of  his  black  regiment  in 
the  battle  of  Rhode  Island,  123;  de- 
fended at  Points  Bridge  by  his  colored 
soldiers  till  they  were  cut  to  pieces,  124. 

Greene,  General  Nathaniel,  his  letters  to 
Gen.  Washington  on  negroes  as  soldiers, 
110,  139,  148;  to  Gov.  Rutledge,  148, 
149. 

Gregoire,  Bishop,  letter  to  him  from  Jeffer- 
son, declaring  of  negroes,  that  "what- 
ever be  their  degree  of  talent,  it  is  no 
measure  of  their  rights,"  17. 

Griswold,  Matthew,  in  the  General  As- 
sembly of  Connecticut,  Chairman  of  the 
Committee  recommending  the  enlist- 
ment of  negro  slaves,  113. 


Hamilton,  Alexander,  Secretary  of  the 
Treasury,  succeeds  John  Jav  as  Presi- 
dent of  the  New  York  Manumission 
Society,  47.  Signs  an  anti-slavery  me- 
morial* to  the  Legislature,  47.  His  letter 
to  John  Jay  on  the  enlistment  of  ne- 
groes, 132,"  133.  Letter  to  him  from 
Colonel  John  Laurens,  quoted,  135, 136. 

Hancock,  John,  flag  presented  by  him  to  a 
company  of  colored  soldiers,  162 ;  Presi- 
dent of  the  Massachusetts  Convention 
of  1788,  62. 

Hart,  Dr.,  letter  of  Dr.  Hopkins  to  him, 
84,  85. 

Heath,  General  William,  in  the  Massachu- 
setts Convention  of  1768,  his  opinion  on 
slavery,  65,  66. 


I  N  D  E  X. 


179 


Hening'a  "  Statutes  at  Large  of  Virginia,'* 
quoted.  152, 153. 

Henry,  Patrick,  in  the  Virginia  Conven- 
tion of  1788,  77 ;  his  opinions  on  slavery, 
77,  78;  says,  "Slavery  is  detested;  wc 
feel  its  fatal  effects,"  77.  His  letter  to 
John  Alsop  in  1773,  quoted,  169. 

Hessian  officer  under  Burgoyne,  his  testi- 
mony to  the  presence  ot  "  negroes  in 
abundance"  in  the  American  regiments, 
111. 

Hessiau  troops,  three  times  repulsed  by 
negro  troops  in  the  battle  of  Rhode  Is- 
land, 123. 

Hillsborough,  Earl  of,  Lord  Dunmore's 
letter  to  him  on  the  relation  of  slaves  to 
their  masters,  quoted,  169. 

"Historical  Magazine"  for  1861,  quoted, 
48,  110. 

Historical  Society.     See  Massachusetts. 

Hopkins,  Rev.  Dr.  Samuel,  his  letter  to 
Dr.  Hart,  quoted,  84,  85.  His  "Dia- 
logue concerning  the  Slavery  of  the  Af- 
ricans," quoted,  98. 

Houston,  Mr.,  of  Georgia,  his  fears  from 
the  negroes  joining  the  British  army  in 
1775,  100. 

"  Howard's  Reports,"  quoted,  6-10. 

Humphreys,  Colonel  David,  nominal  cap- 
tain of  a  company  of  colored  infantry 
during  the  war  of  the  Revolution,  141. 


Independence,  Declaration  of.  See  De- 
claration. 

Iredell,  James,  in  the  North  Carolina  Con- 
vention of  17t>8,  SO,  81 ;  says  "  the  entire 
abolition  of  slavery  must  be  pleasing  to 
every  generous  mmd  and  every  friend 
of  human  nature,"  80. 

Irving.  Washington,  cites  an  original  let- 
ter of  General  Washington,  "wishing 
from  his  soul  a  gradual  abolition  of 
slavery,"  32;  his  account  of  Washing- 
ton's fast  will  as  to  his  slaves,  32,  33. 


Jackson,  General  Andrew,  his  Proclama- 
tion to  the  Free  Colored  Inhabitants  of 
Louisiana,  quoted,  164,  1G5.  His  ad- 
dress to  the  "Men  of  Color"  in  his  army 
at  New  Orleans,  166,  167. 

James,  a  negro  slave,  emancipated  by  the 
State  of  Virginia  for  services  rendered 
to  Lafayette,  153 ;  Act  of  emancipation, 
cited,  153. 

Jay,  John,  in  1777,  urges  the  insertion  of 
an  abolition  clause  in  the  Constitution 
of  New  York,  46.  His  letter  from  Spain 
to  Egbert  Benson,  in  1780,  46.  Presi- 
dent of  the  New-York  Manumission 
Society,  47.    Draughts  an  anti-slavery 


Jay,  John  (continued), 

memorial  to  the  New-York  Legislature 
in  1786,  46.  Extract  from  a  manuscript 
of,  47.  First  Chief-Justice  of  the  Unit- 
ed States,  contrast  between  his  senti- 
ments and  those  of  his  latest  successor, 
47.  Letter  of  Alexander  Hamilton  to 
him  in  1779,  quoted,  132,  133. 

Jay,  William,  his  "Life  of  John  Jay," 
quoted,  215,  216. 

Jefferson,  Thomas,  his  opinion  on  slavery, 
as  shown  by  the  history  of  the  Declara- 
tion of  Independence,  15-18.  His  senti- 
ments as  more  strongly  expressed  in  his 
"Notes  on  Virginia,"  in  1782,  42,  43. 
His  contributions  to  the  "  Encyclop^- 
die  Me'thodique,"  on  the  subject  of  sla- 
very in  the  United  States,  44,  45.  His. 
letter  to  Dr.  Price  in  1785,  43.  Extract 
from  his  "  Autobiography,"  45.  His 
"  Summary  View  of  the  Rights  of  Amer- 
ica," quoted,  17,  18.  His  "  Works," 
quoted,  137,  138.  His  letter  to  Dr.  Gor- 
don, relating  to  Cornwallis,  quoted,  137, 
138. 

Johnson,  Fr.  S.,  of  Connecticut,  letter  of 
Mr.  Gadsden  to  him  in  1766,  48. 

Johnson,  Judge  William,  his  "  Sketches 
of  the  Life  and  Correspondence  of  Gene- 
ral Greene,"  quoted,  149,  150. 

Jones,  Joseph,  letter  of  Mr.  Madison  to 
him,  quoted,  138. 


K. 

Keith,  George,  wrote  a  paper  against  sla- 
very about  1693,  34. 

Kench,  Thomas,  his  letters  requesting  au- 
thority to  raise  a  body  of  negro  soldiers 
in  Massachusetts,  125,  126. 

King,  Boras,  his  opposition  to  slavery  in 
the  Federal  Convention,  54,  55,  59.  In 
the  Massachusetts  Convention  of  1788, 
his  remarks  on  slavery  in  debate,  63. 

Knox,  General  Henry,  Secretary  of  War, 
his  Report  to  Congress  in  1790,  130. 


L. 

Lafayette,  his  detestation  of  slavery,  31. 
His  experiments  in  freeing  his  slaves 
and  using  them  as  tenants,  to  encourage 
emancipation,  31,  32.  His  letter  to  John 
Adams  on  the  subject,  32.  His  letter 
from  the  prison  of  Magdeburg  in  behalf 
of  his  negro  tenants  in  Cayenne,  32.  His 
letter  to  Washington,  proposing  a  plan 
for  their  converting  slaves  into  tenants, 
quoted,  31.  Washington's  reply,  that 
"  he  shall  be  happy  to  join  in  so  lauda- 
ble a  work,"  quoted,  31.  Mrs.  Child's 
letter  on  the  perfect  success  of  his  expe- 
riment, mentioned,  170. 


180 


INDEX. 


Langdou,  John,  in  the  Federal  Convention, 
his  opinion  on  slavery,  59. 

Laurens,  Henry,  of  South  Carolina,  his 
letter  to  his  son,  in  1776,  expressing 
his  abhorrence  of  slavery,  quoted,  48,  49. 
His  letter  lo  General' Washington  on 
negro  soldiers,  in  1779,  131. 

Laurens,  Colonel  John,  "  the  Chevalier 
Bayard  of  America,"  letter  to  him  from 
his  father,  quoted,  48,  49.  His  letter  to 
Hamilton  on  negro  soldiers,  quoted,  135. 
His  letters  to  Washington,  quoted,  136, 
139, 140.  His  mission  to  F ranee  in  1780, 
138.  His  renewed  exertions  to  raise  ne- 
gro troops  in  South  Carolina  and 
Georgia,  139,  140. 

Lawrence,  Major  Samuel,  "Memoir'*  of 
him,  quoted,  90 ;  commanded  a  company 
whose  rank  and  tile  were  all  negroes,  96 ; 
his  respect  for  their  courage,  discipline, 
and  fidelity,  90. 

Lay,  Benjamin,  issues  a  hook  against  sla- 
ver}' about  1736,  35. 

Lee,  Richard  Henry,  letter  to  him  from  Ed- 
mund Pendleton  in  1775,  quoted,  105, 106. 

Lee,  William,  Washington's  "mulatto 
man,"  testamentary  provision  respect- 
ing him,  34. 

Lewis,  Lawrence,  Washington's  letter  to 
him,  urging  the  "  gradual  abolition  of 
slavery,"  as  "  it  might  prevent  much 
future  mischief,"  32. 

Lieber,  Professor  Francis,  calls  the  author's 
attention  to  laws  of  some  of  the  Northern 
and  Middle  States,  protecting  their 
emancipated  negroes  from  being  sold  to 
the  South,  170. 

Lincoln,  General  Benjamin,  a  manuscript 
letter  from  him  to  Governor  Rutledge, 
quoted,  138.  Urges  the  raising  of  a 
black  corps  in  the  South,  in  17S0,  138. 

Lincoln,  Levi,  his  brief  in  his  successful 
defence  of  a  slave  against  his  master  in 
a  Massachusetts  court,  in  1783,  quoted, 
23,  24. 

Lincoln,  Levi,  furnishes  his  father's  brief 
for  publication,  23. 

Livingston,  Edward,  aid  of  General  Jack- 
son, reads  his  famous  address  to  his 
"fellow-citizens,"  "men  of  color,"  at 
New  Orleans,  166. 

Livingston,  Robert  R.,  Chancellor  of  the 
State  of  New  York,  signs  an  anti-slavery 
memorial  to  the  Legislature  in  17H6,  47. 

Lothrop,  Rev.  Dr.  Samuel  K.,  his  "  Memoir 
of  William  Lawrence,"  quoted,  96,'97. 

Lowndes,  Rawlins,  his  speech  in  the  South 
Carolina  Legislature  on  negroes  as 
slaves,  82 ;  opposes  the  adoption  of  the 
Federal  Constitution,  84. 


M. 

McDowall,  Joseph,  his  remarks    in    the 
North  Carolina  Convention  in  1788,  80. 


Mackenzie,  Alexander  Slidell,  his  "Life 
of  Commodore  Oliver  H.  Perry,"  quot- 
ed, 240,  241. 

McLean,  judge,  his  opinion,  in  the  "  Dred 
Scott  case,"  on  negroes  as  slaves  and  as 
citizens,  7,  8. 

Madison,  James,  "  thinks  it  wrong  to  ad- 
mit in  the  Constitution  the  idea  of  pro- 
perty in  man,"  51.  His  opinions  on 
slavery,  61,  75,  76.  His  letter  to  Joseph 
Jones  on  negroes  as  soldiers,  quoted, 
138,  139.  Cited  by  Judge  McLean, 
7. 

"Madison  Papers,"  quoted,  7,  54-62,  138, 
139. 

Magna  Charta,  the  American.  See  De- 
claration of  Independence. 

Mahon,  Lord,  his  error  as  to  the  Southern 
Colonics  in  relation  to  slavery,  19; 
shown  to  be  in  error  by  Mr.  Force  from 
the  history  of  the  Continental  Associa- 
tion of  1774,  19-22. 

Mansfield,  Lord,  declares  slavery  "  so  odi- 
ous that  nothing  can  be  suffered  to  sup- 
port it  but  positive  law,"  51. 

Manumission  Society  of  New  York,  in- 
cluded Jay,  Hamilton,  and  many  other 
eminent  persons,  47.  Its  declaration  of 
the  duty  of  Christians,  47. 

Martin,  Luther,  his  remarks  on  slavery  in 
the  Federal  Convention,  55.  His  ad- 
dress to  the  Legislature  of  Maryland, 
opposing  the  adoption  of  the  lederal 
Constitution,  quoted,  71-74,  151. 

Maryland  Convention,  adopts  the  Conti- 
nental Association  in  1774,  20. 

Maryland,  State  of,  adopts  the  Federal 
Constitution  against  strong  opposition, 
71.  Resolves,  in  1781,  "to  raise  seven 
hundred  and  fifty  negroes,  to  be  incor- 
porated with  the  other  troops,"  127. 

Mason,  George,  of  Virginia,  his  remarks 
on  slavery  in  the  Federal  Convention, 
56,  57 ;  in  the  Virginia  Convention,  pro- 
nounces the  slave-trade  "  diabolical  in 
itself  and  disgraceful  to  mankind," 
75. 

Massachusetts  Convention  for  considering 
the  Federal  Constitution,  62-68.  Con- 
stitution adopted  by,  67.  Her  legislation 
in  regard  to  negro  soldiers,  124-127.  In 
the  Federal  Convention,  votes forprokibi- 
tion  of  the  slave-trade,  62  MS.  Archives 
of,  quoted,  95,  125,  126. 

Massachusetts  Historical  Society,  its  duty 
to  the  country,  1;  its  'ate  "Report  on 
the  Exchange  of  Prisoners  dining  the 
American  Revolution,"  1;  its  "Pro- 
ceedings" quoted,  23.  24. 

Maverick,  Samuel,  mortally  wounded  in 
the  Boston  Massacre,  01. 

Mercer,  John  F.,  letter  of  Washington  to 
him  in  favor  of  the  abolition  of  slavery, 
quoted,  30. 

Moore,  Frank,  his  "Diary  of  the  American 
Revolution,"  quoted,  101, 112. 


INDEX. 


181 


Morris,  Gouverneur,  committee  on  the 
style  and  arrangement  of  the  Federal 
Constitution,  52;  his  speech  against  sla- 
very in  the  Federal  Convention,  52-54, 
69. 

Morris,  Robert,  letter  of  "Washington  to 
him  in  1786,  on  the  abolition  of  slavery, 
quoted,  30. 


N. 

National  Creed.  See  Declaration  of  Inde- 
pendence. 

"National  Intelligencer,"  quoted,  3-5. 
Force's  "  Notes  on  Lord  Mahou's  His- 
tory," first  published  in,  19. 

"National  Portrait  Gallery  of  Distinguished 
Americans,"  quoted,  141. 

Neal,  James,  his  anti-slavery  remarks  in 
the  Massachusetts  Convention  of  1788, 
64. 

Negro  prisoners  of  war,  Massachusetts  for- 
bids them  to  be  sold  into  slavery,  111. 

Negro  regiments  authorized  in  New  York 
in  the  war  of  1812,  162,  164. 

Negro  slaven*,  the  acknowledged  source 
of  the  present  war,  1. 

Negro  soldiers,  enlistment  of,  in  Massa- 
chusetts, 92-97,  124-127;  in  Man-land, 
127:  in  New  York,  127,  128,  163,  164; 
in  Connecticut,  113  - 117 ;  in  Khode 
Island,  118-124. 

Negroes,  as  slaves  and  as  citizens,  1-86; 
opinion  of  Jefferson  Davis  on,  3,  4;  of 
Alexander  H.  Stephens,  4,  5;  of  Chief- 
Justice  Taney,  6,  7 ;  of  Judge  McLean, 
7,  8;  of  Judge  Curtis,  8,  9;  of  Judge 
Gaston,  9. 

Negroes  in  the  Navy,  159-162;  in  the  war 
of  1812,  on  the  Lakes,  160,  161;  on  the 
Ocean,  161,  162;  proportion  of,  in  the 
naval  sen-ice,  159,  160. 

Negroes  as  soldiers,  opinions  of  the  found- 
ers of  the  republic  on,  89-156;  when 
slaves,  manumitted  that  they  might  be- 
come soldiers,  98.  Present  importance 
of  the  subject  of,  89. 

Nell,  "William  C,  his  "Colored  Patriots  of 
the  American  Revolution,"  162.  Owns 
the  flag  of  the  colored  company,  "  The 
Bucks  of  America,"  162. 

New  Hampshire,  Convention  in,  for  con- 
sidering the  Federal  Constitution,  68. 

New  Jersey,  objects  to  the  phrase  "white 
inhabitants"  in  the  requisition  for  land 
forces  in  the  ninth  article  of  Confedera- 
tion. 26. 

New  York,  State  of,  her  act  for  enlisting 
negroes,  in  1781,  quoted,  127,  128;  her 
act  authorizing  negro  regiments  in  the 
war  of  1812,  quoted,  163,  164. 

''Niles's  Weekly  Register,"  quoted,  161, 
162,  164-167. 

Nixon,  Colonel,  Peter  Salem  serves  as  a 
soldier  in  his  regiment,  94. 


Norfolk  Committee,  in  Virginia,  enforce 
the  prohibition  of  the  slave  trade  against 
John  Brown  in  1775,  20,  21. 

North,  the,  has  not  changed  its  opinion  on 
the  subject  of  slavery,  10-14. 

North  Carolina,  Provincial  Congress  of, 
adopts  the  Continental  Association  in 
1775,  20. 

North  Carolina,  State  of,  in  the  Federal 
Convention,  her  vote  on  the  slave  trade, 
62;  her  Convention  for  deliberating  on 
the  Federal  Constitution,  79-81. 


Paley,  William,  D.D.,  his  "Moral  and 
Political  Philosophy,"  quoted  on  the 
continuance  of  slavery  in  America, 
86. 

Park,  Professor  Edwards  A.,  his  "Memoir 
of  Hopkins,"  quoted  84,  85. 

Parsons,  Chief-Justice  TheophJIus,  "  Me- 
moir" of  him  by  his  son,  Professor 
Theophilus  Parsons,  commended,  63; 
his  Minutes  of  Debates  in  the  Massa- 
chusetts Convention  of  1788,  quoted, 
64. 

Parsons,  Dr.  Usher,  his  letter  on  the  em- 
plovment  of  negroes  in  the  U.  S.  Navy, 
159,  160. 

Parton,  James,  his  "  Life  of  Jackson," 
quoted,  166. 

Pendleton,  Edmund,  his  letter  to  Richard 
Henry  Lee,  1775,  quoted,  105,  106. 

Penn,  John,  Governor  of  Delaware,  refuses 
to  prohibit  the  slave  trade,  20. 

Pennsylvania  Convention  for  considering 
the  "Federal  Constitution,  69-71. 

"Pennsylvania  Evening  Post,"  for  1777, 
quoted,  112. 

Pennsylvania  Society  for  Promoting  the 
Abolition  of  Slavery,  their  Address  to 
the  Public,  35-37. 

Perry,  Commodore  Oliver  H.,  his  letter  to 
I  ummodore  Chauncey,  quoted,  160; 
Chauncey's  reply  to  him,  quoted,  160, 
161.  His  testimony  to  the  bravery  and 
good  conduct  of  the  negro  sailors  In  the 
battle  of  Lake  Erie,  161. 

Peter  Salem,  a  negro  soldier,  at  the  battle 
of  Bunker  Hill,  92;  shoots  the  British 
Major  Pitcairn,  93 ;  his  bravery  commem- 
orated by  the  pencil  of  the  painter,  the 
tongue  of  the  orator,  and  the  pen  of 
the  historian,  93. 

"Pictorial  History  of  England,"  quoted, 
103,  104. 

Pinckney,  Charles,  in  the  Federal  Conven- 
tion, declares  that  the  Southern  States 
will  probably  of  themselves  stop  the 
slave  trade,  51,  56. 

Pinckney,  Charles,  of  South  Carolina,  his 
testimony  in  Congress,  in  1820,  to  the 
value  of  the  sen-ices  of  negroes  in  the  war 
of  the  Revolution,  155. 


182 


INDEX. 


Pinckney,  General  Charles  Cotesworth,  in 
the  Federal  Convention,  his  opinion  on 
slavery,  57,  59,  60;  his  speech  in  the 
South  Carolina  Legislature,  82,  83. 

Pitcairn,  Major,  shot  by  Peter  Salem  in  the 
battle  of  Bunker  Hill,  93. 

Political  Confession  of  Faith.  See  De- 
claration of  Independence. 

Poor,  Salem,  a  colored  soldier  at  the  battle 
of  Bunker  Hill,  commended  by  Colonel 
Prescott  and  other  officers  to  the  General 
Court  of  Massachusetts  for  his  bravery 
and  skill,  95. 

Preamble  of  the  Federal  Constitution,  the 
key  for  its  interpretation,  50,  86. 

Prescott,  British  Major-General,  his  cap- 
ture at  Newport  by  the  assistance  of  a 
negro,  111,  112;  Dr.  Thacher's  account 
of  it,  quoted,  112,  113. 

Prescott,  Colonel  William,  signs  a  represen- 
tation to  the  General  Court  of  Massachu- 
setts in  honor  of  the  brave  and  officer-like 
conduct  of  Salem  Poor  at  Bunker  Hill,  95. 

Preston,  Captain,  his  company  fire  on 
Crispus  Attucks  and  his  companions,  91. 

Prince,  a  negro,  his  important  part  in  the 
capture  of  General  Prescott,  111-113. 

Prisoners  of  War,  Report  to  the  Massachu- 
setts Historical  Society  on  the  Exchange 
of,  during  the  American  Revolution,  2. 

Prisoners  of  war,  negro,  Massachusetts  Re- 
solve in  1776,  forbidding  them  to  be  sold 
as  slaves,  110,  111. 

"  Pulpit  and  Rostrum,"  a  New- York  serial 
publication,  quoted,  10,  11. 

Putnam,  Brigadier-General  Eufus,  letter  of 
Washington  to  him,  securing  the  rights 
of  a  negro  soldier,  quoted,  151. 


Q. 

Quincy,  Josiah,  his  letter  to  the  Rev.  Ro- 
bert C.  Waterston,  vi,  vii. 


E. 


Ramsay,  Dr.  David,  his  letter  to  General 
Lincoln  in  1788,  quoted,  83,  84. 

Randolph,  Governor  Edmund,  in  the  Vir- 
ginia Convention  of  1788,  78,  79;  speaks 
of  slaves  as  "  those  unfortunate  men  now 
held  in  bondage,"  78;  says  it  would  be 
disgraceful  to  Virginia  not  to  hope  that, 
"  by  the  operation  of  the  General  Gov- 
ernment, they  may  be  made  free,"  78. 

Randolph,  Peyton,  in  the  Federal  Conven- 
tion, his  remarks  on  slavery,  60. 

Read,  Mr.,  in  the  Federal  Convention,  60. 

Rebellion  of  1861,  statements  of  leaders  of 
the,  3-5;  their  disagreement  in  stating 
their  grievances  as  the  cause  of  the,  3. 

Red  Bank,  the  bravery  of  the  Rhode-Island 
Black  Regiment  in  the  battle  of,  154. 


Reed,  Joseph,  "  Life  and  Correspondence  " 
of,  quoted,  108,  109;  letter  to  him  from 
Washington,  quoted,  108,  109. 

Rhode-Island  Regiment,  the  colored,  its 
bravery  in  the  battle  of  Rhode  Island, 
123;  and  in  the  defence  of  Red  Bank, 
154.  Chastellux's  account  of  it  in  1781, 
124. 

Rhode  Island,  State  of,  negro  soldiers  in 
the,  117-124.  Her  act,  passed  in  1778, 
for  enlisting  negroes,  quoted,  118,  120. 
Protest  against  it,  quoted,  120,  121. 

Rivington's  "Royal  Gazette,"  of  1779, 
quoted,  136. 

Rutledge,  Edward,  of  South  Carolina,  in 
the  Continental  Congress  moves  the 
discharge  of  negroes  from  the  army,  101. 

Rutledge,  John,  Governor  of  South  Caro- 
lina, letter  of  General  Greene  to  him, 
148,  149;  in  the  Federal  Convention, 
his  remarks  on  slavery,  55,  59. 


Sabine,  Lorenzo,  his  statement  as  to  the 
number  of  soldiers  enlisted  in  the  War 
of  the  Revolution,  128-130.  His  "  Ame- 
rican Loyalists,"  quoted,  128-130. 

Salem,  Peter,  a  negro  soldier,  93-95.  Mr. 
Everett's  commemoration  of  him,  94, 
95.  Appears  in  Trumbull's  picture  of 
the  Battle  of  Bunker  Hill,  93;  Aaron 
White's  account  of  him,  93,  94;  Mr. 
Barry's,  94;   Mr.  Washburn's,  94. 

Sandytbrd,  Ralph,  issues  a  book  against 
slavery,  about  1728,  35. 

11  Schloezer's  Briefwechsel,"  quoted,  111. 

Sedgwick,  Charles  B.,  a  paper,  read  by  him 
in  Congress,  on  the  use  of  negro  soldiers 
in  other  countries,  quoted,  167,  168. 

Shaler,  Captain  Nathaniel,  his  record  of 
the  braver}7  of  negro  sailors  in  the  war 
of  1812,  161,  162. 

Sherman,  Roger,  in  the  Federal  Conven- 
tion, regards  the  slave  trade  as  ini- 
quitous, 55 ;  says,  the  good  sense  of  the 
several  States  will  probably  by  degrees 
complete  the  abolition  of  slavery,  51,  56. 
Opposes  the  idea  of  property  in  slaves, 
60;  and  the  introduction  of  the  word 
"slave"  into  the  Constitution,  61. 

Sinclair,  Sir  John,  letter  of  Washington  to 
him  on  the  abolition  of  slavery,  30. 

"Slave,"  the  word  not  admitted  into  the 
text  of  the  Constitution,  though  three 
clauses  recognize  the  existence  of  sla- 
very, 52. 

Slavery,  nothing  in  the  State  Constitutions 
to  warrant  it  when  the  Federal  Constitu- 
tion was  adopted,  51.  No  voice  raised  in 
the  Federal  Convention  to  defend  it,  52. 

Slaves,  negroes  as,  1-86.  Memorial  of 
loyal,  in  Connecticut,  116,  117.  Many 
manumitted  that  they  might  become 
soldiers,  98. 


INDEX. 


183 


Soldiers,  enlisted  during  the  Revolution, 
where  they  came  from,  128-130.  Ne- 
groes as,  89-156. 

South,  the,  has  changed  its  opinion  on  the 
subject  of  slavery,  10-14. 

South  Carolina,  State  of,  her  vote  in  the 
Federal  Convention,  on  stopping  the 
slave  trade,  G2 ;  enrolls  negroes  among 
her  troops,  99. 

South  Carolina  Legislature,  discussion  in 
the,  on  the  Federal  Constitution,  81-83. 

South  Carolina  Provincial  Congress  adopts 
the  Continental  Association  in  1775,  20. 

South  Carolina  and  Georgia,  in  the  Fede- 
ral Convention,  ask  only  a  temporary 
toleration  of  the  slave  trade,  86.  Their 
reluctance  to  furnish  soldiers  in  the 
Revolution,  128.  Congress,  in  1779,  re- 
commends to  them  to  raise  three  thou- 
sand able-bodied  negroes,  134. 

Southern  Colonies,  in  1776,  unanimous  for 
suppressing  the  slave  trade,  20. 

Spaight,  Richard  D.,  his  remarks  in  the 
North  Carolina  Convention  of  1788,  80. 

Sparks,  Jared,  his  "Life  and  Writings  of 
Washington,"  quoted,  29,  30,  31,  32,  33, 
34, 102,  131,  141.  His  "  Life  and  Writ- 
ings of  Franklin,1'  quoted,  35-37,  38-41. 
His  "American  Biography,"  quoted.  84. 
His  "  Correspondence  of  the  American 
Revolution,"  quoted,  31,  136,  139,  140, 
148. 

Sprague,  William,  Governor  of  Rhode 
Island,  encourages  the  formation  of  a 
colored  regiment,  89. 

State  Constitutions,  nothing  in  them  to 
warrant  slavery  when  the  Federal  Con- 
stitution was  adopted,  51 . 

Staten  Island,  the  British  form  there  a 
negro  regiment,  110. 

Stephens,  Alexander  H.,  his  speech  at 
Savannah,  quoted,  4,  5;  his  doctrine  in 
relation  to  negro  slavery,  5 ;  admits 
that  public  opinion  on  the  subject  has 
changed  in  the  South,  5 


T. 

Taney.  Chief  Justice,  his  opinion,  in  the 
"  Dred  Scott  case,"  on  negroes  as  men 
and  as  slaves,  6;  comments  on  it  by 
Mr.  Bancroft,  10,  11.  His  opinions  con- 
trasted with  those  of  John  Jay,  the  nrst 
Chief-Justice  of  the  Supreme  Court, 
47. 

Thacher,  Dr.  James,  his  account  of  the 
capture  of  General  Prescott,  112.  113. 
His  "Military  Journal"  quoted,  112, 
113. 

Thomas,  General,  his  MS.  letter  to  John 
Adams,  quoted,  103. 

Thompson,  General  Samuel,  in  the  Massa- 
chusetts Convention  of  1788,  his  anti- 
slavery  remarks,  65. 


Trumbull,  Colonel,  his  picture  of  the  Bat- 
tle of  bunker  Hill,  93;  introduces  into 
it  Peter  Salem  and  other  negroes,  93. 

Trumbull,  J.  Hammond,  Secretary  of  State 
in  Connecticut,  his  account  of  the  pro- 
ceedings of  the  General  Assembly  of 
Connecticut  in  relation  to  slavery  and 
negro  soldiers,  113-117. 

Tucker,  St.  George,  of  Virginia,  proposes 
Queries  on  slavery  to  Dr.  Belknap,  22; 
Dr.  Belknap's  Answers  to  him,  22,  23. 
His  "Dissertation  on  Slavery,"  quoted, 
13. 

Tyler,  John,  in  the  Virginia  Convention 
of  1778,  his  anti-slavery  remarks,  76, 
77. 


Varnum,  General  J.  M.,  his  letter  to  Wash- 
ington on  raising  negro  troops  in  Rhode 
Island,  118. 

Virginia,  her  act  of  1783,  emancipating  all 
slaves  who  have  faithfully  served  as 
soldiers,  152,  153;  act  to  emancipate 
James,  a  negro  slave,  for  public  services 
under  Lafayette,  153. 

Virginia  Convention  of  1775,  adopts  the 
Continental  Association,  20;  its  "De- 
claration "  of  pardon  to  slaves  who  have 
joined  Lord  Dunmore,  cited,  108. 

Virginia  Convention  of  1788,  debates  in, 
74-79. 

W. 

War  powers  of  Congress,  John  Quincy 
Adams  on  the,  170. 

Ward,  Genera],  requires  a  return  of  the 
"complexion"  of  soldiers,  99. 

Warren,  General  Joseph,  extract  from  hi9 
Oration  in  1775  on  the  "Boston  Massa- 
cre," 92.  Mr.  Everett's  Address  at  the 
Inauguration  of  his  Statue,  quoted,  95. 

Washburn,  Emory,  his  "  Extinction  of  Sla- 
very in  Massachusetts,"  quoted,  23,  24; 
his  "History  of  Leicester,"  quoted,  94. 

Washington,  George,  though  a  slave- 
holder, never  defended  slavery,  or  de- 
sired its  continuance,  28.  Condemns 
the  slave  trade,  wishes  for  the  abolition 
of  domestic  slavery,  and  pledges  himself 
to  vote  for  it,  30;  believes  that  Mary- 
land and  Virginia  must  very  soon  gradu- 
ally abolish  it  by  law,  80.  His  letter  to 
Sir  John  Sinclair,  quoted,  30.  Shares  in 
the  anti-slavery  sentiments  of  Lafayette, 
31,32.  His  letters  to  Lafayette,  31.  His 
letter  to  Lawrence  Lewis,  urging  the 
gradual  abolition  of  slavery,  a*  likely  to 
"prevent  much  future  mischief,"  32. 
The  provisions  of  his  will  respecting  his 
slaves,  32-34.  Licenses  the  enlistment 
of  negro  soldiers,  102.  His  letter  to 
Joseph  Reed,  in  1775,  quoted,  108,  109. 
Letter  to  him  from  General  Greene,  1776, 


184 


INDEX. 


Washington,  George  (continued). 

quoted,  110.  His  letter  to  Colonel  John 
Laurens  on  raising  negro  troops  in  tin- 
South,  140,  141.  His  letter  to  Governor 
Nicholas  Cooke,  1778,  quoted,  118.  Let- 
ter to  him  from  General  Varnum,  118. 
His  letter  to  Henry  Laurens  on  arming 
slaves,  in  1779,  quoted,  181.  Letter  of 
General  Greene  to  him,  quoted,  148. 
His  letter  to  General  Rut  us  Putnam,  151. 

Webster,  Daniel,  reaffirms  the  principles  of 
the  founders  of  the  republic  in  a  memo- 
rable sentence,  86. 

Wedgerv,  William,  in  the  Massachusetts 
Convention  of  1788,  63. 

White,  Aaron,  his  account  of  Peter  Salem, 
93,  94. 

Williamsburg  (Virginia)  newspaper,  pub- 
lishes an  appeal  to  the  negroes  by  their 
masters  against  Lord  Dunmore's  Procla- 
mation, 106,  107. 


Williamson,  Hugh,  in  the  Federal  Conven- 
tion, his  opinion  on  slavery,  59,  61. 

Wilson,  James,  in  the  Federal  Convention, 
his  opinion  on  slavery,  5K,  69-71;  in  the 
Pennsylvania  Convention,  says,  "Within 
a  few  years  Congress  will  have  power  to 
exterminate  slavery  from  within  our 
borders,"  71. 

Woodward,  Dean,  letter  of  Franklin  to  him 
on  the  abolition  of  slavery,  35. 

Wright,  John,  letter  of  Franklin  to  him  on 
the  early  anti-slavery  efforts  of  Quakers 
in  Philadelphia,  34,  35. 


Zenger  Club, 
48,  49. 


Z. 


'  Collection  "  of  the,  quoted, 


BOSTON: 

JOnN  WILSON    AND   RON,    STEREOTYPER.R   AND   PRINTED, 

V>    5,  Watkr  Stiu;et. 


f 


